Association News Rochester Chapter

Effective June 20, 2020, Regulation 19NYCRR 175.28 requires every Real Estate Licensee to provide a Fair Housing Disclosure Form  to every prospective purchaser, tenant, seller or landlord (for all types of transactions: residential, commercial, vacant land, new construction, etc.) at first substantive contact (the same as the Agency Disclosure Form). The new law requires every broker's office and branch office to post the Fair Housing Notice in an exterior window, visible to persons on the adjacent sidewalk.  Download Fair Housing Notice.

Link to the New York State Housing Discrimination Disclosure Form can be found via the following link:  NYS Housing Discrimination Disclosure Form.

Information on New York State Fair Housing can be found via the following link:  NYS Housing Information.

Go to the FTC Complaint Assistant to report scammers, and select "Rip-off's and Imposter Scams" and fill out and submit your report. To recap, on April 2, 2020, we emailed RAC NYSCAR members to alert everyone to several scam emails, supposedly from NYSCAR, offering, for a price, a listing and contact information of ~20,000 Realtors. There is a similar email scam from Bellwey Technologies, and it seems these emails are still being circulated.  RAC NYCAR recommends that you block the email senders and report these Imposter Scam/SPAM emails.

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. 

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.  NYSAR.com will continue to provide timely updates so please visit often.

Regards, 

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:  https://www.rochesterbiz.com/ContactGRE/Staff.aspx..

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.

LOBBY DAY SCHEDULE  

•          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 advocacy@nycraa.com

•          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.

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