March/April 2013 - Greater Capital Association of REALTORS

Caring • Committed • Community-Minded
Official Publication of the Greater Capital Association of REALTORS®
Volume 24, Number 2 March/April 2013
2013 NYS REALTOR®
Legislative Priorities
Each year the New York State
Association of REALTORS® searches
the compilation of legislation proposed in NYS to discover that legislation which will have either a positive
or negative influence on NYS’s private
property owners, NYS’s economy, etc.
Following is the initial list of legislation which will be followed and supported or opposed. And, as in most
years, the list of negative poposals
is longer than those proposals which
would support private property rights
and the economy.
have experienced. AMCs are not new,
but the number and the frequency
of their use have increased since the
adoption of the Home Valuation Code
of Conduct (HVCC) in 2008. The HVCC
prohibits mortgage professionals from
ordering appraisals and mandates that
lenders have either a separate department to order appraisals or use third
party companies to select appraisers
such as AMCs. In recent years many
lenders have simply chosen to use
AMCs rather than restructure their
own operations.
REALTORS® Support Enactment of
the Following
First-time Homebuyer Savings
Accounts
NYSAR supports passage of legislation that will allow individuals and
couples to make pre-tax contributions
to a savings account that would be
dedicated to the purchase of a first
home.
Mandate Relief
NYSAR joined a coalition of 11 business, local government and education organizations to launch “Let New
York Work: A Common Agenda for the
Common Good.” This initiative was
designed to advance significant mandate relief in New York such as making
the pension system predictable and
affordable, reducing the costs of construction on public/private projects,
and reforming the Scaffold Law (see
additional commentary on Scaffold
Law reform). To date the coalition has
been successful in supporting Tier VI
implementation and the takeover of
Medicaid growth by the state. NYSAR
will continue to work with this coalition this year to advocate for mandate
relief for New York’s local governments
and school districts.
Appraisal Management Company
Registration
A new issue that NYSAR will be considering in 2013 is legislation that will
require the registration of Appraisal
Management Companies (AMCs) that
operate in New York State. Many other
states have already put into place
laws that require this type of registration and in some cases, licensure to
attempt to address some of the problems that homeowners and REALTORS
Transparency and Disclosure in
Co-operative Housing (A.2556 –
Lavine)
Status:
Assembly
Housing
Committee
NYSAR supports legislation that
would bring greater transparency to
the process of considering the sale
of shares in a co-operative housing
corporation.
Intro. 188 – New York City Council
Status: New York City Council
Committee on Housing and Buildings
NYSAR strongly supports enactment
of Int. 188, titled the Fair Cooperative
Procedure Law. Int. 188 will significantly improve the transparency of
the cooperative purchase by adding
uniformity and predictability to the
application process. Additionally, Int.
188 provides consumers with up front
information on the cooperatives’ purchase requirements and informs them
of their rights under fair housing and
anti-discrimination laws.
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S’s rt
“Sc Ref
af or
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La
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The Scaffold Law, which exists
only in New York State, holds
property owners and contractors
fully liable for construction-related falls even when workers ignore
safety requirements or are alcohol
or drug impaired.
The Law has a definite negative impact on the NY economy
and adds hundreds of millions
of dollars to projects in the State
because of liability insurance
costs. The insurance costs, for
example, for building in New York
over our neighbor New Jersey are
threefold. Liability insurance for
New York projects are 300% of
those for New Jersey projects.
Those increased costs are, of
course, passed along to New
York’s commercial and residential property owners. The Law has
been blamed for making some
school renovations too expensive for a district to undertake.
Legislation A.3104/S.111 has been
introduced to provide for a level
of personal responsibility. A construction worker who comes to
work inebriated would not have
automatic access to a liability
claim if they fall because of their
impairment. They may still file a
claim but employers and their
insurers would be able to argue
against the claim. Employers do
not have that right presently.
REALTORS® support reform to the
antiquated and costly Scaffold Law.
continued on page 7
In This
Issue
DATED MATERIAL
Permit No. #164
Albany, NY
With The President...................... page 2
Welcome New Members............ page 6
Member Update........................... page 8
gcar president Miguel Berger
welcomes the spring Market
page 2
Greater Capital Association of REALTORS®
451 New Karner Road
Albany, New York 12205
PAID
PRSRT STD
U.S. Postage
2
Across the Association
March/April 2013
With The President
2013
GCAR President
Miguel Berger
Welcome to the Spring market!
You are no doubt aware that we
are celebrating the 100th year of
the REALTOR® Code of Ethics. It’s a
remarkable document which, with
minor revisions, has withstood the
test of time.
One challenge we have with the
Code today is that when it was written social media did not exist. Now
it’s 2013 and social media is a big
part of our business. I would like
to just touch on what is acceptable
and what is not within this new
means of communication. First let
me say that I think all of us are trying to follow the Code of Ethics, and
most of the mistakes that happen
are because we are not aware.
With that said, the behavior I
sometimes see in the social media
GCAR’S
arena is totally unacceptable and
also unprofessional. Most of us
have a “personal” and a business
page in Facebook. Unfortunately
we have an issue where our personal page becomes our business
page, and our business page turns
into a personal page. I have seen
many “rants” on personal pages; but
the part that people forget is that
those pages are also open to your
past, current and future clients,
your sphere of influence.
EDUCATION/EVENTS
CORNER
Call 464-0191 to Register
or online at www.gcar.com
Date
Let me make a recommendation: Remember our business is
24/7 online and off line. When you
are online behave the same way
you would if you were attending a
cocktail party. Remember you are
under the spot light and people
are watching. If you have the need
to discuss an issue with a fellow
licensee do it the old fashioned
way, pick up the phone and deal
with the person on a one to one
basis. Also we do have procedures
at GCAR where you can always file
a grievance and the issue will be
followed up. Let’s make 2013 the
year we elevated our profession to
a higher standard and let’s keep our
internal disputes private.
Have a great Spring. Take advantage of our market which continues
to rebound.
Course Description
March 6
Broker/Owner/Managers Council - Association Update
1:00-2:15 p.m.
March 13
Google Universe Boot Camp -LIMITED SEATING!
9:00-3:00 pm $99.00 No CE
March 21
Lunch and Learn (topic TBD)
12:00 noon-1:00pm No Charge No CE
March 27
Agents Skills Training
Listing Contract 9:00-12:00 $50 3 Hrs CE
Purchase Contact 1:00 pm– 4:30 pm $50 3.5 Hrs CE
May 7
RI-403 Financing to Increase Homeownership
8:30– 5:30 pm $125.00 7.5 Hrs CE
May 21,
22, 23
CBR Designation (includes Fair Housing)
8:30-5:00pm $345.00 22.5 hrs CE
May 30
Broker/Owner/Managers Council– Legislative Update
10:00-11:00 am
June 5
RI-408 e-Pro
8:30-5:30 pm $125.00
June 25,
26, 27
Instructor Training Institute Class (ITI)
8:30 am-varied $775.00
September SAVE THE DATE! REALTOR® Day
12
October
15
SFR Designation—Short Sales & Foreclosures
8:30 –4:30 pm $125.00 6 Hrs CE
October
24
Breakfast of Knowledge (topic TBD)
9:00-10:00 am
December
10,11,12
Triple Play/Atlantic City
Plentiful CE Options
Across the Association
Officers
The newspaper of the Greater Capital Association of REALTORS®, INC.
451 New Karner Road
Albany, New York 12205
(518) 464-0191 • Fax: (518) 464-0196
“The Greater Capital Association of REALTORS® is a professional
trade association which provides its members with programs
and services which enhance the members‘ ability to successfully
conduct their businesses in a competent and ethical manner,
promotes cooperation among its members, and promotes the
public‘s right to own, use and transfer real property.”
The voice for Real Estate in
New York‘s Capital Region.
Caring • Committed • Community-minded
President – Miguel Berger
President Elect – Albert Picchi
Secretary/Treasurer – Cathy Griffin
Chief Executive Officer – James Ader
Dir. Of Association Svcs. – Laura Burns
World Wide Web page: www.gcar.com
E-mail: support@gcar.com
Production & Printing:
Foley Publications, Inc. • (800) 628-6983
Graphic Designer:
Jake Fletcher, Foley Publications, Inc.
Advertising Information:
Foley Publications, Inc. • (800) 628-6983
The Greater Capital Association of REALTORS® makes no
warranties and assumes no responsibility for the accuracy
on the information contained herein. The opinions
expressed in articles are not necessarily the opinions of
the Greater Capital Association of REALTORS®.
The Greater Capital Association of REALTORS® does not
necessarily endorse the companies products or services
advertised in the newsletter unless specifically stated.
Directors
Nina Amadon
Marie Bettini
Joseph Farry
Kelly Gardner
Anthony Garufi
Brooke Hackler-Medick
Joel Koval
Mark Phoenix
Cynthia Quade
Lorraine Schindler
Susan Sommers
Peter Staniels
Elise Van Allen
CRMLS Directors
Jason Christiana
Paula Gaies
W. Gregory Gersch
Rory O’Connor
Liz Schultheiss
Barbara Walton
Across the Association
March/April 2013
Highlights from
Governor Cuomo’s
Proposed Executive
Budget
Introduction:
Governor Andrew Cuomo has submitted a budget totaling $142.6 billion for the 2013-2014 State fiscal
year. This represents an increase in
All Funds spending (state and federal
monies) of 1.9 percent from 2012-13
levels.
Taxes and Fees
Governor Cuomo’s Executive
Budget proposal does not include
any increases in Mortgage Recording
or Transfer Taxes, nor does it propose
any increase to fees associated with
agent or broker licensing through the
Department of State.
Overall Governor Cuomo’s budget
plan closes a current 1.3 billion state
deficit without increasing or proposing any new taxes. The budget would
generate an additional $1.2 billion
in revenue over the next two years
by closing “loopholes” and extending
soon-to-expire taxes on utility companies, Medicaid providers, waste tire
disposal fees and taxes on earners of
$10 million or more.
Housing Specific Proposals
House NY – A new House NY initiative is proposed under Governor
Cuomo’s 2013-14 budget to finance
the preservation and creation of more
than 14,300 affordable housing units
statewide. This five year program will
utilize a total of $1 billion in part to
revitalize 45 Mitchell Lama housing
projects that suffer from significant
physical deterioration, as well as create over 5,000 new affordable housing units. Part of this initiative will
also be the transfer of the MitchellLama housing portfolio between
state agencies from the Empire State
Development Corporation to NYS
Homes and Community Renewal.
Recreate NY and Recreate Smart
Homes Buy Out - The Governor’s
budget assumes $30 billion in federal aid to help New York recover
from Hurricane Sandy. The Governor’s
budget would use $21 billion of that
amount for recovery and rebuilding efforts. The plan requires “modern building standards” if owners of
devastated properties are going to
rebuild, or the state will offer to “buy
out” homeowners that cannot or do
not want to rebuild.
Historic Building Rehabilitation - In
2012 Governor Cuomo vetoed legislation that would have increased
funding for a tax credit for certain historic property rehabilitation projects.
In his veto message, the Governor
cited the lack of funding for the tax
credit in the budget at that time. In
this year’s budget proposal Governor
Cuomo recognized the importance of
the program and his budget extends
the $5 million per project tax credit
for rehabilitation of historic buildings
for five years.
Mortgage Insurance Fund – Governor
Cuomo’s budget proposes to utilize
$64 million in excess reserves from
the State’s Mortgage Insurance Fund
to support the Neighborhood and
Rural Preservation Programs and the
Rural Rental Assistance Program for a
two year period. The budget would
also consolidate the Neighborhood
Preservation Program and the Rural
Preservation Program into a single
“Community Preservation Program”
and institute greater accountability
and oversight.
STAR Anti-Fraud Protection Program
– The Governor’s budget establishes
an anti-fraud program to combat STAR
fraud and waste by (1) Authorizing
the Department of Tax and Finance
require all recipients of the Basic STAR
exemption to be registered with the
Department; (2) strengthening the
penalties for fraud while tightening
standards for determining eligibility. Currently, there is no statewide
mechanism for assessors to determine whether a homeowner is receiving an illegal STAR exemption on two
homes, or on a home that is not the
homeowner’s primary residence.
Mandate Relief
Governor Cuomo proposes in his
budget to allow municipalities that
are under current fiscal strain the
option of tapping into long term savings that will be created by the new
pension tier enacted in 2012. It is
uncertain right now how these new
savings would be realized to “lock
in” pension costs for local governments. The proposed budget would
also allow counties to continue their
existing sales tax authority without
having to receive authorization from
the State Legislature.
Economic Development
The newest economic development proposal by Governor Cuomo
attempts to foster the commercialization of ideas from New York’s
academic intuition and is called the
Innovation Hot Spots program. This
new initiative will create 10 high tech
innovation incubators at locations
affiliated with higher education institutions. In addition, a new $50 million Innovation Venture Capital Fund
will provide seed funding to incentivize new business formation and
growth in NYS. Last, a new Innovation
NY Network will build collaboration
among academics, venture capitalists, business leaders, patent lawyers
and other professionals to facilitate
and enhance the commercialization
process.
A third round of state economic
development funding though New
York’s Regional Councils is also proposed. An additional $150 million is
proposed for 2013-14 to be divided
among New York’s regions though a
competitive application process.
3
REALTOR® Emeritus
Status Awarded To
Two New Recipients
A program has been developed
within the REALTOR® organization to recognize a unique group of
REALTORS®. It is those persons who
have supported organized real estate
by keeping their membership active
for 40 (or more) consecutive years.
And as you can imagine that group of
REALTORS® is very exclusive.
At the November Convention of the
National Association of REALTORS®
in Orlando, Florida two members of
GCAR were so honored. They were
announced during GCAR’s 2013
Installation Reception and 2013 president Miguel Berger awarded them
their certificates and pins.
Recognized during the reception
were GCAR’s two newest REALTORS®
Emeriti Mary Jo Cosco, Real Estate
Source and Susan MacKenzie,
Coldwell Banker Prime Properties.
Congratulations to both ladies.
Miguel Berger presented the REALTOR® Emeritus recognition to (l-r) Mary Jo Cosco
and Susan MacKenzie.
4
Across the Association
March/April 2013
GCAR’s
Installation
Reception
BHG Real Estate Tech Valley was well represented to see Miguel Berger
installed as 2013 GCAR president.
Outgoing GCAR president Nina Amadon received her past president’s
plaque from GCAR CEO James Ader.
Better Homes & Gardens Real Estate president & CEO Sherry Chris
administered the oath of office to 2013 president Miguel Berger.
NYSAR past president Linda Page (l) and 2013 NYSAR president
Margaret Hartman attended the Installation Reception.
GCAR’s 2013 leadership team of (l-r) Albert Picchi, Cathy Griffin and
Miguel Berger.
CRMLS’s newest directors Jason Christiana (l) and W. Gregory Gersch.
NYSAR directors (l-r) Jason Christiana, Nina Amadon and
Robert Freedman.
Installed as GCAR directors were (l-r) Anthony Garufi, Elise Van Allen,
Susan Sommers, Joel Koval and Marie Bettin
Rules On Lawyer-Broker Relationships
At GCAR we receive numerous inquiries about instances where attorneys
representing buyers are asking to participate in the transaction by receiving
a commission at closing. The following
article has appeared here several times,
and it is located on gcar.com in the
Members Only section.
We publish it again for your information. Perhaps you’ll want to make a copy
for file or just remember it can be found
on gcar.com.
In recent months it seems that in
more than a few instances attorneys
representing buyers in transactions
are also asking (expecting?) to receive
a brokerage fee in that same transaction. To that end we would submit information contained in an edition of the newsletter of the N.Y.S.
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Department of State.
That article read: “While the Real
Property law provides an exemption
for attorneys, there are certain very
definite rules governing the relationships between brokers and lawyers.
“If a lawyer successfully negotiates a
transaction, he can obtain a commission without obtaining a real estate
broker’s license.
“However, if a lawyer intends to work
as a broker or employ salespersons,
then he needs to obtain a license from
the Department of State. The lawyer is
exempt from the testing and educational requirements including the …
continuing education requirements.
However, since the lawyer has a broker’s license, he is subject to the disciplinary authority of the Department
of State. The broker-lawyer must abide
by Article 12-A of the Real Property
Law and the rules promulgated by the
Department of State.
“An attorney may accept referrals
of clients from real estate brokers.
The State Bar Association has ruled
that there is nothing wrong per se in
accepting referrals. But when referrals
reach a point where loyalty to a broker
may impinge on the attorney’s loyalty
to his client, then the attorney should
not be representing the client.
“Finally, Bar Association rulings now
state that an attorney may not obtain
a commission and represent a party in
the same transaction. If the attorney
is going to earn a commission for
negotiating the sale or lease of a
property, he should bow out of his
role as an attorney for a participant.
The failure of an attorney to depart
from such a transaction constitutes
a violation of the canon of ethics,
for which an attorney will be subject
to disciplinary action.”
Further, NYS Bar Association Ethics
Opinion 208 provides that a lawyer for
a real estate client may not also act as
a real estate broker in the same transaction. And, because there is a reasonable probability of a conflict in such
situation implied consent would be
ineffective to cure the conflict.
Or simply stated the lawyer should
not represent either the buyer or the
seller in a transaction in which he
acts as a real estate broker. (Editorial
emphasis added for this article.)
Editorial note: We are reminded that past
GCAR legal counsel Michael Wallender
told us that when his wife held a real
estate license in the Capital Region his
firm, not just himself, would not represent either party in a real estate transaction if his wife was involved as either the
buyer’s or seller’s agent.
Across the Association
March/April 2013
Hartman 2013 NYSAR President
Thomas To Serve NAR
Across the Association
5
5
May/juNe 2012
president-elect and 2011 first vice
president. He has served on NAR’s
Baord of Directors since 1995.
Maragret Hartman, a REALTOR® for
42 years, 2013
president of the
New York State
Association of
REALTORS®.
pated in nearly all of the associaHousing Opportunities Committee.
tion’s committees during her 22-year
She is a NAR-approved instructor for
involvement with the organization.
the “At Home with Diversity” course.
She is a long-time supporter of the
She has served as the Federal Political
He has chaired NAR’s Federal
REALTORS® Political Action Committee
Coordinator for Congressman Brian
Taxation, Research, State Leadership
(RPAC) and a NYSAR faculty member.
Higgins (D-NY) of the 27th District
Forum and Business Issues Committees
over 50 members from both CireB and GCar
met
Complete
details
can
be found at www.cireb.com
Affiliate Membership
Hartman
was
awarded
the
associasince 2008.
Hartman
and numerous presidential advisory
on april 12th at the Bar @ 74 state street for tion’s
a few REALTOR® of the Year honor in
Ballston spa national Bank – represented by tim
ser
ved
as
Hartman
is
also
a
veteran
of
the
Annual
Golf
Outing
hours of networking and fun. pictured are (left) 2007.
GCar
Collins & laura siracuse groups. He is a past president of the
CireB is in the planning stages ofUnited
its annual
Golf
president of the Buffalo Niagara
States
Marine Corps.
California Association of REALTORS®
CIREB Corner
CIREB Partners With GCAR For A Networking Event
president nina amadon, realtyUsa.com and CireB
outing/fundraiser
to be held
at Wolferts
Association
of REALTORS®
(BNAR)
At the national
level, Hartman
has June 18th
president richard
ferro, prudential
BlakeinCommercial
Gary Thomas,
roost
Country
Club.
this
year
CireB
will
play to
1994
and
was
named
its
REALTOR®
of
served
as
a
National
Association
of
as they pick the winners of several door prizes donatraise
money
for
the
Boys
&
Girls
Clubs
of
southern
the
Year
in 2000.
For
NYSAR
Hartman
REALTORS®
director and was a memed by
sponsors
nBt
Bank,
Movethatblock.com,
the
County. Many sponsorship levels are
Condominiums
at 17 Chapel,
and 74and
state. among
has
previously chaired
the budget
ber of therensselaer
2012 Diversity
Committee.
available.
please
visit our website for more details.
the
winners
CireB
member
Joe
Clark,
Clark
realty
finance, investment, professional stanIn recent years, she has served on
winning
thehousing
$100 giftopportunities
card to the apple
dards
and
com-store. the
Professional
Development
CIREB Welcomes
New Members:
mittees,
and
served
as
a
director
for
the
Committee,
the
International
Broker
Membership
CIREB Marketing Sessions
Housing
Foundation.
A
Operations
Committee– Bigand
the schenectady
rob Grundman
Blue realty,
May 3rdOpportunities
session to be hosted
by CB richard
ellis
at
longtime
member
of
the
New
York
tony
strollo
–
anthony
r.
strollo,
realtor®
400 Jordan road, north Greenbush. Guest speaker
State
of REALTORS®
BoardDeC Bureau
will beAssociation
Carol lamb-lafay,
section Chief,
Associate Membership
permits-General
permits
for stormwater
of Water
Directors,
she has actively
partici-
Economic Development Agency
and served as chairman of CAR’s Real
a REALTOR®
in
Downtown
schenectady
improvement Corporation
Estate Business Services for-profit subOrange County,
– represented
by Colleen Merays
CA is the 2013
sidiary. He was named CAR’s Realtor of
the
National
Association of
REALTORS®. He
served as 2012
He has a business management
degree from Woodbury University.
Appraiser Membership the Year in 2001.
president
of
Gary snowdon – snowdon Valuation, albany
Agents...
Discharges.
June 7th session to be hosted by Carrow real
estate services.
lynn Bass – realtyUsa, Cooperstown
Brian Conley – Conley realty services, albany
sherry sherlock – Keller Williams saratoga, saratoga
springs
Get your own Real Estate app
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laura J. Burns (ext. 15)
e-mail: lburns@gcar.com
Assistant to the C.E.O. & Financial Secretary
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e-mail: hbushey@gcar.com
• Personalized text code
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Finance/Office Admin. Asst.
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$10 Open House Package
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Across the Association
March/April 2013
Welcome New Members
REALTOR®
REALTOR®
Ryan E. Bamberger,
Green Castle Properties,
Schenectady
BHG Tech Valley
Philip L. Kushner
Caroline E. Caputo,
Albany
Clancy Real Estate
James Kennedy
Aaron M. Harbeck,
Rensselaer
CM Fox
William Keal
(principal)
(non-principal)
Morris Kalichman,
Moray Realty, Troy
Carmen Masters,
Exodus Real Estate & Appraisal,
Albany
Frederick W. Scheidt,
Saratoga Excelsior Group, Middle
Grove
CMK & Associates Real Estate
Richard G. Roberts
Coldwell Banker Prime Properties
Fiona M. Gray
Wendy S. Harnisher
Ryan P. Lucey
Field Realty
Shane Mahar
JoAnn McCarthy,
Bungo Box, Troy
Roohan Realty
John Minehan
Mohawk Valley Real Estate
Timothy Wilday
Select Sotheby’s International
Realty
Daniel Collins
Monticello L.R.E.B.
Yassier Soffan
Pinnacle Realty Saratoga
Monica DiSchiano
Exit Elite Realty Group
Barbara J. Wagner
Affiliate
McSharry and Associates Realty
Julie A. Sasso
Inglenook Realty
Timothy Tyler
Prudential Blake Commercial
Keir Weimer
Tuttle Realty
Jeffrey Kreisal LLC
Weichert, REALTORS®, Northeast
Group
Anthony Calabrese
Prudential Manor Homes
Kim Coelho
Christina Villa
RealtyUSA.com
Susan King
Karen Landis
Richard Lasselle
William L. Lewick
Bonne B. Mellin
Raymond Newman
Pamela Joan Rossi
Christine Richardson
Patrick Russo
Alexander Stefanishin
Keller Williams Capital District
Junell Gray
Amy LaChapelle
26905_GCAR_NYSAR-Edu_5x8_cmyk:Layout 1
11/4/11
2:08 PM
Page 1
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Across the Association
March/April 2013
continued from page 1
Vested Rights for Property Owners
(A.494 – Paulin/S.2565 Ball)
Status: Assembly Local Governments
Committee/Senate Local Governments
Committee
NYSAR supports legislation to create
a six year pilot program in the counties of Dutchess, Orange, Putnam,
Rockland and Westchester relating to
limiting a municipality’s ability to alter
local codes, laws, ordinances, rules and
regulations during the course local
development projects. This legislation
will require municipalities to maintain
a consistent set of rules throughout a
construction project, except in certain
reasonable instances.
Definition of Resident for Income Tax
NYSAR supports legislation to clarify
the definition of “permanent place of
abode” for personal income tax purposes. Under this bill, the usage or
ownership of a vacation home would
not be sufficient to establish residency
for personal income tax purposes so
long as the taxpayer spends less than
90 days per year at the vacation home,
and the home is located more than
50 miles from the taxpayer's primary
place of employment in New York.
Increasing the Threshold for the
Mansion Tax (A.160 – Kavanagh)
(S.2061 – Latimer)
Status: Assembly Ways and Means
Committee/Senate Investigations and
Government Operations
NYSAR supports legislation to
increase the minimum price threshold
at which the so-called “Mansion Tax” is
triggered. The “Mansion Tax” imposes
an additional one percent tax on buyers who purchase a home for $1 million or more.
Exemption of Mortgage Recording
Tax for First Time Homebuyers
(A.907 – Weprin/S.2456 Lanza)
Status: Assembly Ways and Means
Committee/Senate Investigations and
Government Operations
NYSAR supports legislation to
exempt first time home buyers from
paying the state mortgage recording
tax where the residential property
being mortgaged is the mortgagor's
principal place of residence.
REALTORS® Oppose Enactment of
the Following
Requirement of License Number
Disclosure
NYSAR strongly opposes legislation
that would require every real estate
salesperson and real estate broker
involved in or present during a real
estate transaction to include his or
her license number on every document requiring a signature. This bill
is unnecessary, burdensome and will
not achieve its desired result.
Private Well Testing Act
NYSAR opposes legislation to
require a water quality test as a condition of the transfer of any real property served by a well. This legislation
will delay real estate closings and it is
unnecessary, duplicative and essentially an unfunded mandate on New
York State homeowners.
Well Water Education Act
NYSAR opposes legislation to
require home inspectors, licensed real
estate brokers and salespersons to
provide well water education materi-
als to prospective buyers regarding
the potential hazards of well water.
This bill has very serious technical
flaws that would cause a tremendous
amount of confusion and uncertainty
in real estate transactions across New
York.
Expanded Agriculture Disclosure
Notice (A.1393 – Gunther)
Status: Agriculture Committee
NYSAR opposes legislation to
expand current law by requiring sellers of property partially or wholly
within five-hundred feet of an agricultural district to provide the agriculture disclosure form to prospective buyers. Most sellers do not have
the ability to accurately determine
where five-hundred feet beyond
their entire property line extends and
whether that additional 500 feet runs
into an agricultural district. This legislation fails to provide a mechanism
for sellers to definitively obtain this
information.
Doubling of Statewide Mortgage
Recording Tax
NYSAR strongly opposes legislation
that would double the “Additional”
mortgage recording tax in every
county outside of the Metropolitan
Commuter Transportation District.
New York has the highest closing
costs in the country already. This bill
would significantly increase the cost
of purchasing a home and/or commercial property, and refinancing a
current mortgage.
Statewide Transfer Tax
Authorization (S.1145 – Breslin)
Status: Senate Environmental
Conservation
NYSAR opposes all legislation
that would allow greater municipal
oversight and responsibility for the
approval of transfer tax increases,
regardless of the intent of the dedicated monies.
Wetlands Oversight (S728 – Avella)
Status: Senate Environmental
Conservation
NYSAR opposes this unnecessary
legislation which will increase the
state Department of Environmental
Conservation’s oversight of wetlands.
If enacted, this proposal could stop or
delay construction and development
projects throughout New York and
discourage future business investments.
Prohibition on Broker Prepared
Legal Documents
NYSAR opposes legislation which
would prohibit real estate brokers
from providing legal advice or preparing legal documents in real estate
matters, including purchase contracts, unless such person is also a
licensed attorney in New York State.
Restrictions on Property Owners
Use of Apartments (S.197 –
Squadron)
Status: Senate Housing and
Construction
NYSAR opposes this legislation
which would impose additional
restrictions on property owners’ ability to reside in their own property.
This bill seeks to prohibit property
owners subject to rent regulation
from recovering more than one apartment for their personal use. Current
rent control laws already require that
a property owner establish a good
faith reason for seeking a tenant’s
apartment for their own use and an
immediate and compelling necessity
for doing so.
Citizen Suits (A.2047 – Kavanagh)
Status: Environmental Conservation
Committee
NYSAR opposes legislation that
would grant private citizens the ability to commence a civil action seeking to remedy certain violations to
the Environmental Conservation Law
(ECL). Providing private citizens with
the ability to seek judicial enforcement of the ECL carries the unintended consequence of further crippling
New York State’s building and development industries. Additionally, this
legislation is unnecessary as several
means to remedy any violations of
the ECL already exist.
Voter Registration (S.1560
Addabbo)
Status: Senate Judiciary Committee
NYSAR opposes legislation to
require every landlord that rents residential real property in New York
State to provide tenants with voter
registration forms at the time of lease
execution. While NYSAR strongly
supports efforts to increase voter
registration in New York, we do not
believe the rental transaction is the
appropriate mechanism to facilitate
or fulfill the intent of this legislation.
Payment of Independent
Contractors (S.231 - Squadron)
Status: Senator Labor
NYSAR opposes legislation relating to the payment of independent
contractors. The requirements outlined in this bill are unworkable and
impractical as they relate to the real
estate industry and the relationship
between brokers and the independent contractors they employ. This
legislation has a new sponsor in the
Senate and NYSAR will work once
again to get real estate professionals exempted from the provisions of
this bill.
Doubling of Fines for Violation of
RE License Law (A.731 – Weprin)
Status: Judiciary Committee
NYSAR strongly opposes legislation
to increase the fine imposed for violations of the real estate licensing laws
from $1,000 to $2,000, and creat-
7
ing new procedures relating to cease
and desist zones. This legislation is
unnecessary. In 2011 the Department
of State had no reported violations of
cease and desist zones by real estate
licensees. The current fines and procedures relating to cease and desist
zones are clearly adequate.
Sex Offender Disclosure (A.1763 –
Englebright), (S.1527 – Flanagan)
Status: Judiciary Committee
NYSAR opposes legislation to
require disclosure of the availability
of certain sex offender information
upon the sale or lease of residential
real property. While NYSAR supports
disclosure of sex offender information, NYSAR is concerned about the
liability created by these requirements, the necessity of including sex
offender information within a real
estate contract or lease, and other
technical flaws contained in these
bills.
Source of Income (S.168, S.187 –
Squadron)
Status:
Investigations
and
Government Operations
NYSAR opposes this legislation
which seeks to add “source of income”
as a protected class in New York State
Human Rights Law. The sweeping
language of these bills would constitute a serious intrusion on the rights
of property owners to conduct their
own business with prospective purchasers and renters.
Property Manager Licensure (S.184
Squadron/A.2110 - Kavanagh)
Status: Senate Judiciary/Assembly
Housing
Interest On Brokerage Accounts
(S.248 – Sampson)
Status: Senate Judiciary
NYSAR opposes this legislation
which would require brokers who
receive monies in a fiduciary capacity
to deposit such monies in an Interest
on Broker Account (IOBA). The interest earned off of the IOBA accounts
would be used to fund civil legal
service organizations. While NYSAR
supports the intent of this legislation,
interest earned off of brokers’ escrow
accounts should be dedicated specifically to fund housing issues including foreclosure prevention, disaster
recovery relief and other important
challenges facing the real estate
industry in New York.
8
Across the Association
March/April 2013
Member Update
Congratulations and thank you to REALTOR® Nina Amadon, RealtyUSA.com, on
becoming a member of RPAC’s Capitol Club ($500).
Congratulations to REALTOR® Christian Klueg, CMK and Associates, on being
appointed to the NYS Board of Real Estate Appraisal by Governor Andrew Cuomo.
Michael T.
Wallender GCAR
Legal Counsel Dies
Congratulations to REALTOR® Sandra Nardoci, Prudential Manor Homes, on
being selected as a President’s Award Honoree by the Capital District YMCA.
tions of leadership for GCAR (and
before that the Albany County
Board of REALTORS®) since the late
1970s. He became a most important part of GCAR’s support team
and his sound advice and guidance will be missed. Perhaps more
importantly he became a good
friend to so many GCAR members
and that friendship will leave a
huge hole in many lives.
Sympathies are
extended to:
When Mike passed away at age
62 he left behind a son Michael
D. and daughter Kristina and their
spouses. His passing will also be
felt by his longtime assistant in his
law office Regina Sportman.
The family and friends of REALTOR® James DiNapoli,
DiNapoli Equity Advisors, on his death.
REALTOR® J. Wesley Jakovic, J. Wesley Jakovic on the death
of his mother Marjorie.
The family and friends of REALTOR® Thomas Kennedy,
Thomas P. Kennedy Realty on his death.
The family and friends of REALTOR® Robert Minahan,
Prudential Blake Commercial on his death.
The family and friends of REALTOR® James Robinson, J.F.H.
Robinson Real Estate on his death.
REALTORS® Janis and Tony Sabatino, RealtyUSA.com on
the death of Janis’s mother Gly Preisser.
The family and friends of REALTOR® John Sanders,
RealtyUSA.com on his death.
In a somewhat highly publicized
tragedy Michael T. Wallender, general counsel to GCAR as well as
CRMLS and CIREB has died.
Mike was a familiar face to most
GCAR members and certainly to
every person who served in posi-
“There is no question that Mike
Wallender was one of strongest, if
not the strongest, voices on behalf
of REALTORS®, the real estate business and private property owners in New York State”, said GCAR
CEO James Ader. “He cannot be
replaced as either an advocate for
REALTORS® or as a friend.”
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