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As Population Ages, Demand for Elder Law Attorneys Grows

The U.S. Census Bureau is predicting that, by 2035, there will be more people over the age of 65 than children under the age of 18 in the United States. This would be the first time in United States history that the elderly has outnumbered children resulting from multiple ongoing trends, such as longer life spans among the elderly and declining birth rates among millennials. This means that the need for elder law attorneys, and other people who specifically deal with issues related to the elderly, will become more important than ever.

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Landlord and Tenant Information Regarding Air Conditioners

Although it may feel like the New York weather skipped the spring season, summer is right around the corner.  And with that being said, people are flocking to the stores to purchase an air conditioner.  When living in a rental apartment, one might be curious as to the landlord/tenant protections of putting in an air conditioner.  Although New York has limited protections surrounding the use of air conditioners, there are some important things to know.

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Brooklyn Apartment Residents Sue for Harassment, Illegal Airbnb Rentals

A group of Brooklyn residents are suing their landlords, claiming they are trying to force them out of their rent-regulated apartments so the landlords can illegally rent out the vacant residences through Airbnb. The New York Daily News reported that the landlords cut off their heat and hot water, constantly harassed them and allowed the units to deteriorate.
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New York Court of Appeals Makes Monumental Wage and Hour Decision Regarding Home Healthcare Workers

On March 26, 2019, the New York Court of Appeals ruled that home health aides are not entitled to payment for sleep and a break even if they are working a 24-hour shift. The decision relied on an interpretation of the New York State Department of Labor’s (DOL) Miscellaneous Industries and Occupations Minimum Wage Order (Wage Order). Specifically, the issue in the case involved whether employers are required to pay each hour of a 24-hour shift; or if they are only required to pay 13 hours if the worker is given an 8 hour sleep break, in which they are given 5 interrupted hours of sleep, and three hours of meal break time.
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Did Restaurateur B. Smith Have Advance Directives in Place?

Renowned restaurateur and former model, B. Smith, announced alongside her husband in 2014 that she was suffering from the early-onset symptoms of Alzheimer’s disease. As Ms. Smith’s disease progressed, her husband began an extra-marital affair to cope with the deterioration of his wife’s memory. After going public with the relationship, Smith’s husband received considerable backlash from the online community who condemned his behavior on the assumption that if Smith’s mental state were better off, she would not approve. It is unknown whether B. Smith executed any advanced directives or end-of-life care instructions before her condition worsened.
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What is a Reverse Mortgage?

As Americans grow older and with a majority of the older population now entering retirement, the need for income sufficient to cover expenses becomes greater. While there are programs such as Medicare, Medicaid, Social Security, and Supplemental Security Income, that help seniors with income and healthcare, those programs may not be enough for some individuals to pay for their monthly expenses or healthcare costs. There is another option that is available to many Americans over the age of 62, such as a reverse mortgage.
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Protecting Against Caregiver Theft

Over the past decade, the home health care industry has expanded dramatically with more than 200,000 New Yorkers reporting paid caregivers as their primary occupation. According to a study conducted by the Bureau of Labor Statistics, home health careers are expected to see the most rapid growth than other technical fields by 2026 and that by 2040, New York City will have an estimated 1.4 million seniors; approximately 70-percent of which will be in-need of long-term care services.
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Guildnet Closes Its Doors

On August 21, 2018, Guildnet CEO, Alan R. Morse, notified employees that the company will be closing its doors as of December 1, 2018, leaving New Yorkers in need of managed long-term care (MLTC) services at a disadvantage. The Guildnet program was designed to offer therapeutic/medical care, home healthcare services, case management, and medical equipment to those who qualify and will be in need of the provided services for a minimum of 120 days. Guildnet announced that by January 1st of 2019, all medical services to their 8,211 managed long-term care members will be terminated. United Healthcare, who until recently offered a partial MLTC plan, will also be pulling out of several counties in up-state New York by February of 2019, affecting nearly 1,500 enrollees who are said to be notified of these changes by November.
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Eliminating Major Capital Improvements

New York State Senator Michael Gianaris and New York State Assemblyman Brian Barnwell have introduced legislation that would do away with Major Capital Improvements (MCI) for apartments in an effort to protect tenants’ rights. According to an article from Crain’s New York Business, the MCI program began in the 1970’s which allowed landlords to make capital improvements to their buildings and pass the costs onto the tenants by raising their rents.
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Understanding Rental Increases

Landlord-tenant disputes can occur for numerous reasons with the most common issues arising due to the non-payment of rent.

According to the New York State Attorney General, the rental units are described as follows:

  • Regulated Housing (rent controlled and rent stabilized);
  • Unregulated Housing (private ownership);
  • Special Housing (mobile homes, residential hotels, lofts); and
  • Government-Financed Housing (section 8, public housing).

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