NASSAU COUNTY CONSUMER AFFAIRS HEARING

I will be counsel at a hearing today and this is from the NCCA website:

"What to Expect at a Violation Hearing

 

After a violation is issued, a hearing is scheduled at the Office of Consumer Affairs. The respondent appears at the hearing, with or without legal counsel and, where permitted at the discretion of the hearing officer, other relevant parties that can offer evidence or explanation on behalf of the respondent. The complaining consumer is not present at the hearing. The hearing officer keeps the record of the hearing and no verbatim recording is conducted in the hearing room. The consumer complaint is presented by the Investigator from the Office assigned to the complaint. After the presentation of the complaint by the Investigator, the respondent then offers evidence to refute or mitigate the facts presented. The Investigator also explains why a violation was issued and the legal basis of the violation.

 

At the conclusion of the hearing, the hearing officer weighs the evidence and credibility of the arguments and has several options for a decision. The hearing officer will decide whether a legal violation has occurred, whether to assess a fine and the amount, memorialize any settlement agreements that may have been concluded during the hearing, order restitution by a respondent to redress a grievance, or order the suspension of a license or registration."

PART 137 FEE DISPUTE RESOLUTION PROGRAM

Today I will be a Part 137 arbitrator.

Administrative Rules of the Unified Court System & Uniform Rules of the Trial Courts Part 137 is the New York State Fee Dispute Resolution Program, which provides for the informal and expeditious resolution of fee disputes between attorneys and clients through arbitration and mediation. In accordance with the procedures for arbitration, arbitrators shall determine the reasonableness of fees for professional services, including costs, taking into account all relevant facts and circumstances. Mediation of fee disputes, where available, is strongly encouraged.

LANDLORD TENANT - NASSAU COUNTY - HEMPSTEAD VILLAGE

See this article:

Hempstead Village Passes Rental Registration Permit Law

However, it is not clear whether compliance will be a new pleading and/or element of proof requirement in any landlord/tenant petition and/or action. A review of the Board resolution indicates that Section 106-12, which stated that the permit was a condition to collecting rent, has been specifically deleted:

http://villageofhempstead.org/announcements/phNotice-041513.pdf

FORECLOSURE - PROPERTY TAX

This article was recently emailed to me.

A reminder to all homeowners that the payment of property taxes and other fees should be verified and what steps should be taken by those homeowners who turn their residence into an investment property - this happened in Buffalo, NY and the comments are also informative:

Amherst couple’s foreclosure nightmare is a real-life cautionary tale

MORE ON SUPERSTORM SANDY

For individual and businesses currently in the process of obtaining SBA Loan business expansion or disaster assistance, to meet the request of the SBA for the funding package, there are property title search requirements for SBA loans which typically require the following:

Record Ownership in the name of the borrower
All Prior Liens
SBA's recorded Mortgage/Deed of Trust
Tax and Judgment Search
Copy of the Legal Description covered in Title report
Search at least 30 years

This is where a reputable title company is needed and, as a suggestion, is Title Guarantee, Inc. (especially for Long Island and in NY/NJ). Here is a link to them:

TITLE GUARANTEE SBA SERVICE

AT A CLOSING TODAY

And this is a good time to alert all to a wonderful website for NY counsel.

The closing I have today is for a senior housing co-op which is managed by the residents. No one had the original offering plan for review (something an attorney is recommended to do for every co-op sale/purchase).

Offering Planet (www.offeringplanet.com) is a collection of copies of condominium and cooperative offering plans collected over the years. And it was there I was able to get a copy of the plan.

BANKRUPTCY LAW - FRAUDULENT TRANSFER

From the firm of Shenwick & Associates, here is a link to a recent bankruptcy case

IN RE PANEPINTO Case No. 12-11230K (Bankr. W.D.N.Y. Feb. 25, 2013)

The Court noted in part:

"The question is this: If someone who is insolvent, or is being sued, owns a wholly-exempt homestead free-and-clear, and (without consideration) transfers half ownership to someone else (in this case her husband), could any existing creditor sustain an action to set that transfer aside as a fraudulent conveyance under state law? (It is important to note that the many cases that address transfers of exempt property under 11 U.S.C. §§ 547 and 548 are of no application here because the transfer occurred four years before this Chapter 13 filing.

The answer in New York is “Yes. It may be set aside.”"

MORTGAGE FORECLOSURE - LONG ISLAND

From an email received yesterday from the Empire Justice Center:

"We are pleased to announce that today Empire Justice Center released our report, "The Long Island Foreclosure Crisis: Stabilizing communities most impacted by foreclosures in Nassau and Suffolk Counties," which explores the impact and ongoing dynamics of the foreclosure crisis on Long Island.

Why did we focus on Long Island?

Because over a quarter all homeowners in New York who are at risk of foreclosure live in just two counties - Nassau and Suffolk - both are on Long Island. Our analysis found that in many of the communities on Long Island where concentrations of foreclosures occur, there also tends to be a high concentration of minority homeowners. To make matters worse, we found a dearth of home purchase lending in the same areas – putting these communities at higher risk of home loss, vacancies, deterioration of housing stock and subsequent loss of local tax revenue and threatening economic recovery on Long Island.

Pursuing Solutions:

In addition to pinpointing these communities for investment, the report provides a series of recommended policies for banks and policymakers to adopt in an effort to limit the damage caused by these concentrated foreclosures.

By devising ways to keep homeowners in their homes, advocating for continual maintenance of properties and working towards achieving economic justice for minority communities, hardest hit neighborhoods will be better able to rebound from the disparate impact of foreclosures and focus on rebuilding the assets of the community as a whole. "

http://www.empirejustice.org/assets/pdf/publications/reports/li-foreclosure-report-42013/the-long-island-foreclosure.pdf

SANDY CLINICS AT NCBA

There are two Sandy Clinics this month. One for this Monday, Tax day, April 15 and again on Monday, April 29. I will be a volunteer lawyer at both.

For more information, see this link to flyer:

NCBA FLYER SANDY CLINICS

LAP

The New York State Bar Association Lawyer Assistance Program (LAP) provides education and confidential assistance to lawyers, judges, law school students, and immediate family members who are affected by the problem of substance abuse, stress, depression or other mental health issues. Its goal is to assist in the prevention, early identification and intervention of problems that can affect professional conduct and quality of life.

 

 

Local bar associations also have LAP. For example, The Nassau County Bar Association Lawyer Assistance Program (NCBA LAP) provides confidential assistance to all attorneys, judges and law school students who are struggling with alcohol, drug and/or mental health problems or are affected by the problem of substance abuse, stress, or depression. NCBA LAP operates a 24-hour confidential hotline 888 - 408-6222

LICENSED HOME IMPROVEMENT CONTRACTORS & THE LIEN LAW

This I found interesting from The Home Equity Theft Reporter:

Home Improvement Contractor Pinched In Ripoff For Pocketing $300K, Abandoning Project; Failure To Treat Cash As Trust Funds & Provide An Accounting Constitute Violations Of NYS Lien Law

DIVORCE AND THE LOTTERY

A link to an interesting article sent to me today:

A Change of Economic Circumstances: When a Party Hits the Lottery by Law Offices of Daniel Clement

FREE CLE

Passing this along - New York and other state attorneys can study areas of law or fulfill Continuing Legal Education (CLE) requirements with Lexvid (www.lexvid.com) which offers accessible videos of CLE content completely free of charge.

NEW YORK - CHANGE IN MATRIMONIAL ORDERS

A week or so ago I mentioned the new change in the rules regarding automatic orders in matrimonial actions. A few days ago, I received the following email from the Matrimonial Committee of the NCBA:

"Dear Committee Members:

I am attaching what seems to be an amendment to the Uniform Rules which indicates some changes to the automatic orders. It indicates that violation of the orders “may” be deemed a contempt of court. It also changes the Notice on the face of the Summons. While I am of the opinion that contempt does not properly lie for a violation of a court rule where the order was not actually issued by court or record, this is the rule change. ........... According to the documents, the Rule actually changed “effective immediately” as contained in the NY Register of January 30, 2013.” The OCA website in the Rules section does not contain this amendment. I have several calls in to OCA to confirm the change given its lack of reference on the site. I have not yet heard back but will keep everyone posted.

Notably, the Court of Appeals in Gair v Peck, held “the Appellate Divisions cannot make substantive law by rules”— Can the Administrative Judge?"

 

RENT ABATEMENTS AND SUPERSTORM SANDY

One of the issues presented to me yesterday in L&T Court in Nassau County was how much of a rent abatement should a tenant receive for damage due to Superstorm Sandy.

Here is a link to a recent article in the NYLJ about this issue as well as a class action for rent abatement brought by one group of tenants:

Residential Tenants Explore Rent Abatements - NYLJ

LANDLORD/TENANT COURT - VLP

Today I will be a volunteer lawyer for the day at Landlord/Tenant court in Hempstead. Attorneys are encouraged to volunteer to provide free legal assistance to the poor in Nassau County through the Volunteer Lawyers Project (VLP). The Nassau County Bar Association partners with the Nassau/Suffolk Law Services Committee to support VLP, which helps maximize the quantity and quality of pro bono assistance provided for the county's low-income community. Volunteer attorneys handle a wide array of cases including matrimonial matters, individual bankruptcy, personal injury and negligence defense, estate matters, release of accounts blocked by judgment creditors, and various other civil matters. I will be with The Landlord/Tenant Project's Attorney of the Day Program, which assists thousands of men, women and children in court to prevent homelessness.

NEW YORK STATE UNEMPLOYMENT INSURANCE - FRAUD

The DOL is clear in this issue. As stated on their website FAQ:

" Q: What should I do when I return to work?
A: When you get a job, claim credit for the last days you were out of work in the usual way, by:

• Telephone
• Mail or
• Online

then simply stop claiming your weekly benefits.

Do not claim benefits for any week when you work more than three days or earn more than the maximum benefit rate. The maximum benefit rate is currently $405."

Perhaps you have read about the Nassau County individual who pleaded not guilty Tuesday to felony charges alleging that he stole more than $18,000 in unemployment benefits from March 2010 to December 2010, while still collecting a salary of more than $90,000 annually.

MORE ON SUPERSTORIM SANDY

New York has a proposed bill that hands new legal powers to policyholders impacted by disasters such as Superstorm Sandy so they can score punitive damages and attorneys' fees from insurers that unfairly handle claims but critics sau it's more likely to profit plaintiffs attorneys than help out storm victims. Read about it here:

Sandy Insurance Bill A Gift For Plaintiffs Bar

HAPPY APRIL FOOLS DAY

From Westlaw Insider, a link to an April Fools article (from 2011) - hope you enjoy and the moral is that "while everyone loves a good April Fools’ joke, the excuse seldom provides legal immunity to otherwise unlawful behavior":

Legal April Fools' Hijinks

NEW YORK - CHANGE IN MATRIMONIAL AUTOMATIC ORDERS

I was recently advised that the automatic orders Court rule was amended, effective January 30, 2013:

http://docs.dos.ny.gov/info/register/2013/jan30/pdf/court.pdf

AMENDMENT OF RULE

Uniform Civil Rules for the Supreme and County Courts

Pursuant to the authority vested in me, and upon consultation with

and approval by the Administrative Board of the Courts, I hereby

amend, effective immediately, section 202.16a of the Uniform Civil

Rules for the Supreme and County Courts, relating to automatic orders

in matrimonial actions, to read as follows:

==================

Section 202.16a Matrimonial Actions; Automatic Orders

1. (a) Applicability. This section shall be applicable to all matrimonial

actions and proceedings in the Supreme Court authorized by section

236, Part B, Section (2) of the Domestic Relations Law.

(b) Service. The plaintiff in a matrimonial action shall cause to be

served upon the defendant, simultaneous with the service of the summons,

a copy of the automatic orders set forth in this section in a notice

that substantially conforms to the notice contained in Appendix F.

The notice shall state legibly on its face that automatic orders have

been entered against the parties named in the summons or in the summons

and complaint pursuant to this rule, and that failure to comply

with these orders may be deemed a contempt of court.

The automatic orders shall be binding upon the plaintiff immediately upon riling of

the summons, or summons and complaint, and upon the defendant immediately

upon service of the automatic orders with the summons.

These orders shall remain in full force and effect during the pendency

of the action unless terminated, modified or amended by further order

of the court or upon written agreement between the parties.

(c) Automatic Orders.

[The automatic orders served with the summons shall provide as

follows;]

Upon service of the summons in every matrimonial action, it is

hereby ordered that:

(1) [n]

Neither party shall sell, transfer, encumber, conceal, assign,

remove or in any way dispose of, without the consent of the

other party in writing, or by order of the court, any property (including,

but not limited to, real estate, personal property, cash accounts,

stocks, mutual funds, bank accounts, cars and boats) individually or

jointly held by the parties, except in the usual course of business, for

customary and usual household expenses or for reasonable attorney's

fees in connection with this action.

(2) [n]

Neither party shall transfer, encumber, assign, remove,

withdraw or in any way dispose of any tax deferred funds, stocks or

other assets held in any individual retirement accounts, 40IK accounts,

profit sharing plans, Keogh accounts, or any other pension or retirement

account, and the parties shall further refrain from applying for or

requesting the payment of retirement benefits or annuity payments of

any kind, without the consent of the other party in writing, or upon

further order of the court, except that any party who is already in pay

status may continue to receive such payments thereunder.

(3) [n]

Neither party shall incur unreasonable debts hereafter,

including but not limited to further borrowing against any credit line

secured by the family residence, further encumbrancing any assets, or

unreasonably using credit cards or cash advances against credit cards,

except in the usual course of business or for customary or usual

household expenses, or for reasonable attorney's fees in connection

with this action.

(4) [n]

Neither party shall cause the other party or the children of

the marriage to be removed from any existing medical, hospital and

dental insurance coverage, and each party shall maintain the existing

medical, hospital and dental insurance coverage in full force and effect.

(5) [n]

Neither party shall change the beneficiaries of any existing

life insurance policies, and each party shall maintain the existing life

insurance, automobile insurance, homeowners and renters insurance

policies in full force and effect.

(6) These automatic orders shall remain in full force and effect

during the pendency of the action unless terminated, modified or

amended by further order of the court or upon written agreement between

the parties.

(7) The failure to obey these automatic orders may be deemed a

contempt of court.