If you or a loved one are advancing in age, or if your health is deteriorating, it may be wise to investigate the possibility of advance directives. Broadly speaking, advance directives are legal documents that convey your desires, if you are incapable of making those desires known yourself. The term “advance directives” generally covers four kinds of documents: living wills, health care proxies, powers of attorney, and Do Not Resuscitate orders (DNRs). Continue reading “Considering Advance Directives”
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The Warranty of Habitability
When you sign a lease to rent an apartment, there are a few basic expectations you probably have about your new residence. One is that you will actually be able to live in the space you’ve rented. While this might seem like a reasonable request, there are many landlords who do not hold up that end of the bargain. Fortunately, the law protects your right to livable conditions, with what is known as the warranty of habitability. Continue reading “The Warranty of Habitability”
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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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.
Continue reading “Did Restaurateur B. Smith Have Advance Directives in Place?”
