While many things remain the same, the laws in the United States are constantly subject to change and revision. Elder law is no different. It is crucial to stay informed and understand the latest regulations that concern you or your loved ones. Below are a few changes made in 2014 regarding elder law (or laws that are particularly relevant for seniors and their families who are attempting to plan for the future):
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Discrimination Against Tenants in Brooklyn
Tenants in Brooklyn, New York are claiming their landlord is discriminating against them and trying to force them out of their rent-controlled apartment. African American tenants of Homewood Gardens Estates in the Prospect Lefferts Garden neighborhood have filed a federal lawsuit against the complex and owner Yeshaya Wasserman. They allege the landlord failed to make repairs and seldom cashed rent checks in a scheme to evict them from their rent-controlled apartments. Residents claim white and Asian tenants don’t face the same treatment
“He fails routinely to cash rent checks and then turns around and sues plaintiffs for allegedly not paying their rent,” attorney for the residents, Pavita Krishnaswamy said. One woman who’s lived at the apartment complex for over 14 years said she’s gone without hot water for over a week and the landlord barely ever responded to her countless repair requests over the years. Continue reading “Discrimination Against Tenants in Brooklyn”
Kansas Toughens Penalties for Elder Fraud
Fraud and financial abuse of the elderly is more widespread than you may realize. It may even be on the rise due to longer life expectancy and an aging population. Sadly, elder fraud and abuse appears in many forms, affecting millions of senior citizens and their families throughout the United States. These crimes go largely unseen because many seniors do not recognize when it happens to them or may be too ashamed to speak up. The State of Kansas and its lawmakers are standing up against elder law fraud and abuse by drafting measures that create harsher punishments for future offenders.
A new law signed by Governor Brownback of Kansas, is a “first step in the right direction,” to better protect Kansas senior citizens against fraud and financial abuse, said Attorney General Derek Schmidt. The law applies when a victim of financial abuse is over the age of 70-years-old and it “substantially enhances” penalties for stealing from an elderly person. If convicted of large-scale financial abuse, an offender could face more than 40 years in prison. Additionally, the new law makes it a criminal offense to misuse a trust or power of attorney to misappropriate an elder person’s life savings. Continue reading “Kansas Toughens Penalties for Elder Fraud”
Landlord Accused of Denying Tenants’ Plans to Build a Gay Bar
The owner of an establishment named Lulu’s in Brooklyn New York is worried about going out-of-business after his Long Island based landlord denied his attempts to convert his business into a gay bar earlier this April.
Tenant John McGillion, had hoped to revitalize his pub and take advantage of the growing gay and lesbian population in the Greenpoint area. However, a clause in his lease agreement stated “The leased Premises shall be used by Tenant as a restaurant and bar. It shall not be used for adult entertainment and shall not be operated as a gay or lesbian bar and/or restaurant.”
As a result of the clause, McGillion maintains that he is unable to make ends meet and argued in his filing documents that he is “barely scraping by on the proceeds of the bar,” all as a direct consequence of the unfair lease clause. He added: “If I am permitted to operate a gay bar at the premises I believe that I will be able to make a considerable profit.” Continue reading “Landlord Accused of Denying Tenants’ Plans to Build a Gay Bar”
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.
Bronx Residents Claim Landlord Is Ignoring Tenant Safety
Bronx residents and local officials are urging a Jerome Park landlord to update security after a string of burglaries at the Bronx apartment building. Tenants of the building claim they have been robbed blind over the past two years, and some are even convinced that it may be an inside job.
Despite reporting the thefts to the 52nd Precinct and landlord (American Rental Masters), tenants at the 49-unit building say nothing has been done. They claim that the thefts have been a tenant safety issue for over 2 years!
Continue reading “Bronx Residents Claim Landlord Is Ignoring Tenant Safety”
New York City Tenant Sues Landlord for Negligence
Almost everyone has heard of a story about someone walking into their apartment and realizing they’ve been robbed. But have you ever heard of a story where they stole the bed, the curtains and everything in between? Well that’s what Upper East Side resident, Nilay Shroff, is claiming he experienced in October 2013, when he found his apartment stripped of almost everything in an apparent “mistaken robbery.”
Mr. Shroff, a 27-year-old software maker alleged that late one night in October 2013, he entered his Yorkville apartment to find the shock of a life time; almost everything was gone. Once police arrived, Shroff and the officers became suspicious of the incident since the apartment burglary did not fit the details of a usual occurrence in multiple ways. Continue reading “New York City Tenant Sues Landlord for Negligence”
Pour Over Wills
As many individuals begin to plan for their future and the future of their estate, they are shocked by how many options there are. Many people are familiar with the term “will” and its significance, but too often individuals are also unfamiliar with any other estate planning instruments.
If you have started the process of looking into protecting your assets, an estate planning attorney may have recommended that you create a revocable living trust as the key document in your estate plan, rather than a will. A revocable living trust, if done correctly, will allow your estate to bypass the probate process, as well as keep your information private. Wills become a part of the public record after your death, whereas trusts do not. Continue reading “Pour Over Wills”
New Bill Targets Landlord Mistreatment of Senior Citizens
It is estimated that over 45 percent of New York’s senior citizens have been in their homes for decades. Most of these seniors are housed in rent-regulated apartments and recently, it has come to light that many landlords have engaged in unfair and cruel practices in an attempt to get rid of long-term tenants and make more money. The claims of such mistreatment of senior citizens began to multiply in 2013 and as a result a bill has been introduced in the New York City Council that will increase penalties of such behavior and hopefully send a message to the landlords of New York City.
The bill, which was introduced early in 2014, sets to double the maximum civil penalty to $10,000 for property owners who abuse seniors. The legislation would also place such property owners on a black list maintained by the city Department of Housing Preservation and Development. Continue reading “New Bill Targets Landlord Mistreatment of Senior Citizens”
Medicaid Myths
We all expect and hope to have long and healthy lives. However, the truth is, no one lives forever and all too often health issues and accidents occur, leaving many individuals unprepared and in trouble. But there is something you can do to ensure you are never put in this position: PLAN! By planning ahead, you are able to answer the tough questions and make arrangements while you are in good health and mind.
The harsh truth is that 7 out of 10 people over the age of 65 will require expensive long-term care at some point. Would you be able to foot the bill for an extended stay at a nursing home, assisted living facility or at-home care for you or your spouse? Even if you could, would you prefer to pass your savings and other assets to your loved ones rather than have those assets depleted by costly long term care expenses? To protect your lifestyle and assets, Medicaid Planning is necessary.
