Association News Rochester Chapter

There have been many questions about the No Cold Calling rule.  The NYSCAR Board of Governors met today, April 6, and the attorney clarified the Cold Calling restriction. In a State of Emergency, it is a State statute that telemarketing to residences is a prohibited activity. For Business to Business calls, calls are allowed IF, and only IF, the business location is called and NOT the contact's cell or personal number.  Additionally, a For Sale By Owner may be contacted but only to inquire about the property they are selling. 

4/2/20: Within the last week, it has come to our attention that several emails have been sent to NYSCAR members, deceivingly looking as though the email is from/or affiliated with NYSCAR (several used the NYSCAR State logo), offering, for a price, a listing of ~20,000 Realtors and their contact information.

We have been in contact with the State office in Albany and were told that these people scrape NYSCAR’s data and then try to sell it or scam someone.  Most of these entities may not be an actual person or company, making it difficult to take any action.  We suggest disregarding and blocking these emails.

LEGAL ALERT FROM RAC NYSCAR AFFILIATE MEMBER, HARRIS BEACH PLLC:  New EPA Policy for Regulated Entities Released in Response to COVID-19

On March 26, 2019, the United States Environmental Protection Agency (“EPA”) released a new policy, “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance.” The seven-page document outlines a temporary policy for how EPA will exercise enforcement during this unprecedented time. The policy was issued in response to social distancing and travel restrictions, as well as potential worker shortages that may impact compliance procedures during the COVID-19 pandemic.  Read more ...

LEGAL ALERT FROM RAC NYSCAR AFFILIATE MEMBER, HARRIS BEACH PLLC: Commercial Landlords and Tenants Face Contractual Questions in Wake of COVID-19 Pandemic

The social and economic impacts of COVID-19 have been sudden, pervasive and severe.  With executive action by New York State’s Governor forcing many companies across varied industries to close their business locations and/or suspend operations, the contractual provisions and common law remedies governing the relationships between commercial landlords and tenants have become a matter of immediate and acute concern.  

Commercial landlords and tenants should examine their leases and insurance policies to understand their respective duties and obligations in light of the acknowledged COVID-19 pandemic and the Governor’s most recent Executive Orders – including the immediate 100% non-essential in-person workforce reduction and the stay of any eviction enforcement until June 20, 2020.  This article will discuss briefly some of the various concepts (contractual, statutory and common law) that have and will continue to arise in the current economic and health crisis.  Continue reading ...

From: New York State REALTORS
Sent: Sunday, March 22, 2020 12:32 PM
Subject: NYSAR Update on the State Restrictions on Real Estate Activities

Please Read - Important Update from your 2020 NYSAR Leadership Team Regarding Real Estate Activities During the COVID-19 State of Emergency

Good afternoon,

As of 8:00 pm tonight, March 22, an Executive Order (EO) by Governor Andrew Cuomo effectively restricts real estate licensees from working outside of their homes.  Real estate brokerage and many other businesses were not designated as essential by the Governor in the EO.

It has been widely reported that New York State is the most COVID-19 impacted state in the nation.  Your NYSAR Leadership Team thanks you for strictly adhering to the difficult but necessary restrictions to our normal business activities.  We are practicing REALTORS®  just like you and completely understand the impact of this situation.

The EO means that until further notice real estate licensees are precluded from holding open houses, showings and in-person listing presentations for example.  You are not precluded from most work that you can accomplish from your home.

One typical activity for licensees that you cannot do, even from home, is cold calling when a state of emergency is in effect such as it is now.  Specifically, brokerages and their associated licensees are prohibited from making unsolicited telephone calls to consumers during the current State of Emergency until at least September 7, 2020Any brokerage or licensee making such calls should immediately cease all such activity.

The EO is unclear about activities related to real estate closings scheduled for March 23 and until further notice.  NYSAR is actively working with our industry partners and state officials to get guidance.  NYSAR will send updates as information becomes available.

We believe that if closings are deemed essential and able to proceed, licensees should not attend closings unless their presence is essential to the successful completion of the transaction.  One of the matters for which we are seeking clarification is a licensees ability to participate in a final walk through and any restrictions that might apply if the walk throughs are allowed.

NYSAR is working with your local board to keep them updated and to receive from them information on your local situation.  We have scheduled a weekly conference call for information exchange.

Please rest assured that NYSAR will continue to do everything it can to lessen the impact of the COVID-19 related business interruption.

NYSAR remains open for business although we are working remotely.  Our legal hotline remains fully operational as does our technology helpline. will continue to provide timely updates so please visit often.


Jennifer Stevenson, 2020 NYSAR President
David Legaz, 2020 NYSAR President-elect
Jennifer Vucetic, 2020 NYSAR Secretary/Treasurer
Duncan MacKenzie, RCE, Chief Executive Officer

On Thursday, January 16, 2020, RAC NYSCAR hosted our annual Kick-Off Meeting at the RIT Inn and Conference Center.  Our guest speakers were Matt Hurlbutt, President & CEO of Greater Rochester Enterprise (GRE), and Paul Scuderi, Director of Real Estate for the City of Rochester.

Paul gave us some great information from the City website that we can use in our daily business to make our jobs much easier when researching Downtown properties.  Please click this link to get to all the information that Paul talked about.  I guarantee this information will be very helpful to your business.

If you are working with a new company or one that is growing, I highly recommend you get connected to GRE.  They are the one-stop shop for incentives, grants, etc., in our area.  They service the nine Greater Rochester Counties.  To contact any of the GRE Staff, click:

Submitted by Mercedes R. Brien, RAC NYSCAR Member

The Under One Roof coalition needs responsible individual landlords, brokers and property management companies statewide to join them this Monday, January 13th in Albany to urge our state lawmakers to address the unintended consequences of the Housing Stability & Tenant Protection Act of 2019 on both landlords and tenants and advocate for changes to this law.

Please join us as we meet with our leaders and make YOUR voice heard in New York!    REGISTER AT UNDERONEROOFNY.ORG.

Pre-registration is requested!

Cost is $25 and includes lunch, t-shirt and materials for the day.


•          9:00 am - Registration

•          10:00 am - Welcome

•          10:00 - 1:00 pm – LOBBYING MEETINGS-  Show them how many strong we are as part of this mission! Interested members who wish to join one of our task forces to speak with legislators contact

•          1:00 pm - Lunch (approximate time)

•          2:00 pm - Conclusion

•          * All times are subject to change

PARKING: Parking may be found below the concourse in the P3 area. From there you will need to make your way to the Legislative Office Building (LOB) where the Well is located. Everyone will have to go through security in either the LOB or Capitol. Please be sure to leave pen knives and the like at home, they will be confiscated. Also, be sure to bring ID. Entry can be from the LOB as well, if you find parking on the street.  If entering from LOB you will be on the LOB 3d floor – the Well is on the first floor LOB.

AMTRAK Train (Click to go to Amtrak Website to make reservation):

•          January 13 Schedule to Albany for Arrival at 9:41am (Train #280)

•          From Buffalo – Departs 4:46am

•          From Rochester – Departs 5:41am

•          From Syracuse – Departs 7:01am

•          Depart Albany 4:00pm (Train #281)

MOTORCOACH TRAVEL: A motorcoach holds 55 passengers. If you are interested in hopping on the bus from Rochester to Albany, please contact Lisa Baumgartner at (585) 232-5300 x279. CALL ASAP ON THIS IF INTERESTED.

OVERNIGHT ACCOMMODATIONS: For hotel reservations please contact the Renaissance Hotel, 144 State Street, Albany for the evening of Sunday, January 12 at a rate of $179 plus tax at (518) 922-2500.

For more updates on the Under One Roof coalition’s efforts in Albany, follow the local attorney who is leading the charge, Jaime Cain of Boylan Code, on Twitter @JaimeMichelle6.

Update! November 15, 2019 -- We will let you know when this is back up and running!

October 10, 2019

From the Desk of Mercedes R. Brien, State NYSCAR Technology Committee Chair:

Affiliate Email Blast 

NYSCAR is pleased to offer a broadcast email service to the Affiliate members of the association. The intent of the service is to provide networking opportunities between the members in offering services and opportunities from our Affiliate members. Please note that a specific service or opportunity should be sent no more than once a month, unless there is a change in the information, such as a reduction in price, added benefits, etc. We appreciate your cooperation in this matter. 

The Affiliate Email Blast went live today!
*Recipients will have the ability to opt out within the email settings on the website. 
*The brokers email was changed to look different form the affiliates email blast. 

NYSERDA Commercial Brokers Referral Program  (See Below)

Program Opportunity Notice (PON) 4209

New York State Energy Research and Development Authority

Brokers are an integral part of a tenant’s journey when moving into a new space or renewing a lease. Brokers who understand their customers’ sustainability and energy management strategies are better positioned to ensure the space selection process aligns with these goals and directly improves occupant experience. By considering energy efficiency at the onset of a new lease, brokers can help their customers benefit from significant energy cost savings over the lease term (between 30 and 50% within a 3-5 year payback.) Landlords can also see increased Net Operating Income and higher ENERGY STAR® scores when energy conscious tenants move into their buildings. The offer is valid until December 31, 2020, or until all funds are disbursed, whichever comes first.

All commercial brokers are eligible, including tenant and landlord brokers. To be eligible, the broker must present a valid broker license. The broker can decide how the incentive is disbursed: directly to them or through their brokerage firm. The broker can receive $5,000 for every customer that submits a successful application to the program. The new tenant space must be 10,000 square feet or more.

Applications accepted on a first-come, first-served basis dependent on funding availability, until December 31, 2020 by 3:00 p.m. ET.

For Additional Details and Associated Documents Visit:
PON 4209 Solicitation Detail Page

Have Questions or Want to Learn More?
Our staff is here to help you throughout the entire application process. Get in touch with

NYSERDA, a public benefit corporation, offers objective information and analysis, innovative programs, technical expertise, and support to help New Yorkers increase energy efficiency, save money, use renewable energy, and reduce reliance on fossil fuels. NYSERDA professionals work to protect the environment and create clean energy jobs. NYSERDA has been developing partnerships to advance innovative energy solutions in New York State since 1975. To learn more about NYSERDA's programs, visit or follow us on TwitterFacebookYouTube, or Instagram.

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