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Get Involved with the Laws of New York!

Being licensed and representing your clients requires keeping up with the everchanging legal landscape and participation in the process.  New York State has a free online system that every New York resident should log into and use.  EVERYONE SHOULD REGISTER and voice their opinions on Bills to ensure our industry is represented correctly.

All members of RAC NYSCAR should register on the New York State Senate website.  Once you register, go to the New York State Senate Bills & Laws section.  Search for Bills by keyword, issue, or print number. You can find their print number on sites like the NYSAR Advocacy page.  Or, you can visit the Government Affairs page of our RAC NYSCAR website. (See below)  While on the Bill's page and log in, each Bill will have a “aye” or “nay” option.  Click the option you feel best represents your opinion, and you may add any notes or comments.  It will then be sent to the appropriate representative for your location.

All Brokerages and Salespersons should take a moment to confirm with their council the implications of the Bill below. The level of documentation is still not clear and that has to be a concern. 

Chap. 696 – S.2131: Requires the DOS to develop regulations pertaining to requiring brokerages to institute standard operating procedures and submit them to the DOS and DOS to maintain a file of these statements. The approval memo raises concerns about additional costs to the state per the bill’s requirement of the DOS to create and implement the Standard Operating Procedure database. As such, the governor and legislature have agreed to make several changes to this law that will 1) require real estate brokers to institute standard operating procedures, 2) allow the DOS to supplement the standard operating procedures through the rule making process; 3) require brokers to notarize and date stamp the standard operating procedures and any revisions thereto, and post the SOP on any website and mobile device application maintained by the broker, and require brokers to make a copy of such procedures available to the public at their office, 4) require brokers to affirm compliance with these requirements when renewing their license, 5) amend the effective date to allow for a public hearing, development of regulations and give brokers time to comply with the law.

NYC Council May Pass Legislation Banning Tenant Criminal Background Checks
The New York City Council continues to push toward passage of Int. 2047 as early as this week. The bill would block landlords from running criminal record checks on potential tenants before leasing their units. The legislation would apply to criminal cases that are pending, as well as past cases and convictions.
 
The New York City Council is also poised to pass an amended bill (Int. 2317-A) that will ban the use of fossil fuels such as natural gas in new buildings. Lawmakers reached a deal late Wednesday on a bill requiring new buildings less than seven stories to go electric on Jan. 1, 2024, and those seven stories or greater by July 1, 2027. Projects that get their construction documents approved before those dates will be exempt. Read more here.

ICSC is working with the Real Estate Board of New York (REBNY) to oppose new proposals that would establish Commercial rent control and have a detrimental effect on small businesses, the real estate industry and New York City overall. The two bills in question each create some form of commercial rent control in New York City:

• Intro 1796 establishes a commercial rent guidelines board of seven Mayoral political appointees tasked with setting annual rent increases for certain commercial tenants including retail stores and offices of 10,000 square feet or less.
• Intro 2299  establishes an automatic right-to-renewal process that would allow a tenant the option to extend their lease in certain cases for up to one year with not more than a 10% rent increase. 

​“ICSC opposes this new legislation establishing Commercial rent control, which would have a detrimental effect on small businesses, the real estate industry and New York City. These are precisely the areas that have been hit hardest by the pandemic and the ones that need the most support,” stated Tom McGee, President & CEO of ICSC. “Both bills encourage landlords to deprioritize smaller tenant spaces which typically are more supportive and aligned with the unique needs of a neighborhood. They are examples of government encroachment into the free market system and ignore negotiated contractual agreements. They will take an even greater toll on the marketplaces industry and will have the opposite effect of what is intended.”

The City Council will hold a virtual hearing on these bills on September 17 at 10 am. ICSC General Counsel & Senior Vice President Lesley Campbell is slated to testify.

How you can help? Click here to email your local councilmembers.
ICSC will continue to work with REBNY and keep members posted on new developments.
For more information contact ICSC Global Public Policy at gpp@icsc.com.