Ever since New York Governor Andrew Cuomo instituted a moratorium on evictions back in March 2020, landlords have been frustrated with their inability to remove non-paying tenants from their apartments. While some landlords will wait for the moratorium to expire on August 20, 2020, others have taken more drastic measures to convince tenants to leave on their own. In many cases, these “self-help” evictions are illegal, and a violation of a tenant’s rights. Continue reading “Landlords Resort to Coercive Tactics to Force “Self-Help” Evictions”
Category: Uncategorized
Miscellaneous New York Elder Law, Real Estate, and Business Law articles by Tanya Hobson-Williams.
Governor Cuomo Suspends Evictions During Outbreak
Governor Andrew Cuomo signed an executive order on March 20, 2020 creating a 90-day moratorium on all residential and commercial evictions. In practice, this means that no one in New York State can be evicted from their rented property until at least June 20, 2020. The purpose of the moratorium is to ensure people can remain in their homes and properties during the coronavirus outbreak, limiting the spread of the disease. Continue reading “Governor Cuomo Suspends Evictions During Outbreak”
Getting Clarity on Clear Title
An essential part of any real estate transaction is ensuring that there’s clear title on a property. If you don’t, you can cause many legal or financial problems for both yourself and whoever you’re buying from or selling to. But what does it mean to have clear title? And why is it so important to make sure you have clear title before you buy or sell a property? Continue reading “Getting Clarity on Clear Title”
Attorney General Files Suit After Investigation into Tenant Harassment
In partnership with Governor Andrew Cuomo’s Tenant Protection Unit, a subpoena was issued in 2014 to investigate Marolda Properties and different landlord companies concerning allegations of tenant harassment and business practices.
Continue reading “Attorney General Files Suit After Investigation into Tenant Harassment”
Operation Cocoon
The U.S. Immigration and Customs Enforcement and the Customs and Border Protection Agency are working together to combat a new trend of drug traffickers who fool seniors into becoming international drug mules. Traffickers either forge a relationship with seniors or promise inheritance or other monetary incentives. In targeting the elderly, traffickers hope that the drugs pass through security undetected. This scheme has worked to some degree because eighty-three U.S. citizens who fell victim to drug trafficking tricks have been arrested in foreign countries since 2013.
Nursing Home Chain Settles with New York Attorney General for $600K
Recently, the New York State Office of the Attorney General announced that a New York nursing home chain, Elant, settled with its office for $600,000 stemming from claims that they benefited financially by prolonging residents’ stays longer than necessary. The nursing home chain admitted that several patients who were meant to be short term were transferred to one of their locations in financial peril. The transfer was against the wishes and consent of the residents and their families, and was meant to generate income for the location and assist in remedying the financial condition. Attorney General Schneiderman remarked that his office is dedicated to combating such practices and will “find those who use patients to siphon off critical taxpayer funds.”
Continue reading “Nursing Home Chain Settles with New York Attorney General for $600K”
What is a Person Selling their Home Legally Required to Disclose to a Buyer?
Buying a home is the biggest investment many people will ever make. Finding the right home is a lengthy process requiring a great deal of time and money. Therefore, it is important to be fully aware of any defects in the property which you are purchasing.
Although New York was historically a “caveat emptor” state (in other words “buyer beware”), legislation has changed over the last decade to provide more protection to consumers. In New York, sellers are not required to disclose certain facts about a house, such as whether it was the site of a crime or murder, or whether it is believed to have supernatural activity. However, a seller is required by law to make certain necessary disclosures regarding the condition of the property.
Continue reading “What is a Person Selling their Home Legally Required to Disclose to a Buyer?”
Tanya Hobson-Williams Urges New York City Council to Impose Rent Freeze for More Senior Citizen Tenants
FLORAL PARK, NY — Attorney Tanya Hobson-Williams of Hobson-Williams, P.C. is asking the New York City Council to pass a bill that would raise the income threshold for senior citizen tenants living in rent-regulated apartments. She says that, under this bill, more seniors would be protected from rent hikes and be able to stay where they are currently living.
The Purpose of a Guardianship and the Mental Hygiene Law: Article 81
If you’re finding it difficult to take care of your personal needs or your property, or maybe you do not really understand the decisions that you have been making, and/or your friends and family are concerned but are unable to provide the help you need, perhaps an appointed Guardian is an option for you or your loved one.
The New York Mental Hygiene Law Article 81 was established to provide a Guardian to handle the personal and property needs of an alleged incapacitated person. Incapacitated persons are those who are unable to provide for their own personal needs and/or to manage their property. In addition, an incapacitated person is someone who is unable to comprehend or appreciate the inability to handle such affairs.
You might be asking yourself, “Well, how does someone know they are an incapacitated person? What are the signs or symptoms so that you or a loved one can be appointed a Guardian?”
A Guardian is rarely appointed to an incapacitated person because he/or she self declares or voluntarily decides to classify themselves as an incapacitate person. Rather, it is a decision that is given by court order based upon the condition of the individual so that a Guardian can be appointed. The court’s decision is based upon evidence that is clear and convincing that the individual is likely to suffer from harm because he or she cannot comprehend the consequences of the actions they are taking or cannot provide for themselves adequately. The Guardian can be someone the incapacitated person recommends or nominates or simply someone the court appoints that can best serve their interests.
Now that you have an appointed Guardian or you’re aware that such an option is available, you’re probably wondering what a Guardian will actually do for me. The Duties and obligations of the Guardian are created in a particular way so that the needs of the incapacitated person are catered to in regards to personal care and/or the individual’s property management. There may be a variety of issues that a Guardian may be appointed to help with including financial affairs, physical illness, substance abuse or dependency, personal needs, management of property. The purpose is to help with the best interest of the incapacitated person in mind. The Guardian will help make decisions that may be too difficult to make alone, handle medical needs or personal care, and to make sure finances are in order.
The Law Firm of Hobson-Williams, P.C. can assist with all aspects of Guardianships from the application to the court, preparation for the court proceeding and after the Guardian is appointed.
Call our office at (718) 210-4744 now to schedule a consultation!
