Governmental Affairs Rochester Chapter

April 20, 2022

From the Desk of Christopher McCarthy, RAC NYSCAR Governmental Affairs Chair:

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.


April 13, 2022

From the Desk of Christopher McCarthy, RAC NYSCAR Governmental Affairs Chair:

Issues Related to Brokerage Overall:

  • Senate Bill S5097
    • Relates to the remediation and prevention of indoor mold and requiring the disclosure of indoor mold history upon the sale of certain real property
  • Senate Bill S8153
    • Prohibits discrimination on the basis of a person's height or weight in opportunities of employment, housing, and access to public accommodations
  • Assembly Bill A9640
    • Requires retailers of electric batteries and bicycles to provide customers with an operating manual and requires residential leases to contain a lease rider regarding the charging of electric batteries
  • Senate Bill S715
    • Relates to enforcement of fair housing
  • Assembly Bill A9740
    • Relates to the duty of real estate brokers to supervise salesmen and associate brokers
  • Senate Bill S8377
    • Defines certain terms in standard form contracts as unconscionable
  • Assembly Bill A4504
    • Requires the posting of broker and management information on commercial property
  • Assembly Bill A9263
    • Relates to the font size for advertisements
  • Senate Bill S8439
    • Relates to the disclosure of beneficial owners of limited liability companies and certain other business entities

Rent Regulations and Controls:

  • Senate Bill S3133
    • Relates to commercial rent protections
  • Senate Bill S7571
    • Establishes commercial rent regulation
  • Assembly Bill A6906
    • Requires landlords to mitigate damages when commercial tenants vacate premises in violation of the terms of the lease
  • Senate Bill S6721
    • Relates to special proceedings for judgment directing deposit of rents and the use thereof to remedying conditions dangerous to life, health or safety
  • Senate Bill S2957
    • Relates to creating the Mom and Pop Rent Increase Exemption

Manufacturing:

  • Senate Bill S8198
    • Aligns utility regulation with state climate justice and emission reduction targets; and repeals certain provisions of the public service law relating to gas service and sale
  • Assembly Bill A9649
    • Enacts the New York textile act
  • Assembly Bill A9557
    • Relates to taxation of agricultural structures and agricultural land
  • Assembly Bill A9495
    • Relates to advanced recycling and advanced recycling facilities
  • Assembly Bill A9279
    • Establishes a carpet collection program

Development Policies:

  • Senate Bill S2940
    • Relates to extending the amount of time between notice of a project and a public hearing
  • Senate Bill S3673
    • Authorizes industrial development agencies to provide assistance to agricultural producers for products grown, harvested or produced within the state
  • Senate Bill S7176
    • Relates to establishing the "Advanced Building Codes, Appliance and Equipment Efficiency Standards Act of 2021"
  • Senate Bill S5142
    • Establishes a credit against income tax for the rehabilitation of distressed commercial properties
  • Assembly Bill A7696
    • Prohibits development of build-ready sites on viable agricultural land
  • Assembly Bill A5631
    • Includes mixed residential and commercial property within the affordable home ownership program

Fuel and Energy:

  • Assembly Bill A9602
    • Relates to providing a municipal renewable energy system siting database
  • Assembly Bill A9701
    • Requires certain watercraft, aircrafts, and trains to be zero emission; requires the study of certain clean energy sources; requires certain monetary incentives for clean energy vehicles.
  • Senate Bill S8407
    • Prohibits the denial of a building permit on the basis that such building will be a mixed-fuel building

Transportation:

  • Assembly Bill A9705
    • Relates to autonomous vehicle driving
  • Senate Bill S8518
    • Enacts the electric vehicle rights act

Leases and Property Rights:

  • Assembly Bill A9564
    • Relates to access to adjoining property to make improvements or repairs
  • Senate Bill S5377
    • Relates to special proceedings to convey title to abandoned real property to cities, towns or villages
  • Senate Bill S2005
    • Relates to imposing a commercial vacancy tax 

 


ONGOING LEGISLATION FROM 2021:

January 11, 2022

From the Desk of Christopher McCarthy, RAC NYSCAR Governmental Affairs Chair:

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 statementsThe 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.


January 11, 2022

From the Desk of Christopher McCarthy, RAC NYSCAR Governmental Affairs Chair:

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.

View 2021 Governmental Affairs Archive