Landlord Groups File Lawsuit to Block New Rent Laws

Several groups that represent landlords in New York have sued to block new rent-control measures that were recently signed into law by Governor Andrew Cuomo. The new laws limit landlords’ ability to raise rent on rent-controlled apartments, even after their current tenants leave. This limits landlords’ ability to make money on those apartments, which they argue is an unconstitutional deprivation of their property rights. Continue reading “Landlord Groups File Lawsuit to Block New Rent Laws”

What is a Guardianship?

Chances are that, at some point in your life, you’ve heard of a “guardian” before, especially in the context of children, or older relatives, or people with certain disabilities. However, you might not know what a guardian is, or why someone might have one. Fortunately, the idea is easy to understand, and it’s good to know about just in case you, or someone you know, has a guardian appointed for them. Continue reading “What is a Guardianship?”

New York State Passes New Rent Laws

After much opposition, the New York State Legislature recently passed new rent laws that offer more protections to tenants located in New York City.  The underlying goal of the new laws is to maintain affordability and stability in a city which nearly 65 percent of residents are renters. Continue reading “New York State Passes New Rent Laws”

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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Judge Decides Not to Dismiss Case Against Nursing Home

Eladia Ciprian, an 80-year-old patient at St. Barnabas Rehabilitation and Continuing Care Center, will not have her case dismissed for the center’s failure to correctly diagnose and treat a hematoma in her right bicep. A Bronx County Supreme Court judge decided not to dismiss the case after the center claimed she made no proof of the nursing home’s neglect or deprivation of her rights.
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Changes to the ABLE Act

The federal government passed the Achieving a Better Life Experience (ABLE) Act in December 2014. The ABLE Act allows the family of a disabled person to create a federal income-tax-free account to be used for the medical expenses of the disabled individual. This law was created under the same provisions of the tax code as 529 plans for college savings. According to Autism Speaks, the National Disability Institute estimates that there are 58 million individuals in the United States who have a qualified disability.

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Will the State Enforce Mandatory Arbitration Clauses in New York Nursing Homes?

The use of arbitration clauses by companies in all aspects of daily living has spread immensely across the country. The United States Supreme Court has recently held that the use of arbitration clauses is fully enforceable, and nearly impossible to overturn. With that being said, the Centers for Medicare and Medicaid Services (CMS) has limited the use of these clauses by implementing a new rule that restricts any nursing home receiving federal funding from requiring residents to resolve disputes in arbitration rather than in court. While the rule does not forbid arbitration completely, it does restrict the use of pre-dispute binding arbitration agreements. The rule will take effect over all nursing home admissions agreements signed after November 28, 2016.

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