New Law Requiring Tenants Receive Environmental Disclosures

In December 2008, a new law will go into effect in New York, requiring property owners and landlords to disclose the results of environmental testing to current and prospective tenants.

Owners and landlords of both residential and commercial properties will be required to disclose test results that exceed federal or state air guidelines. Furthermore, owners of certain properties will be required to provide written notice of the testing on the first page of any lease agreement. The law also requires owners of those properties to give tenants a fact sheet and timely notice of any public meetings where the test results will be discussed, or face fines and penalties.

The law seems to be focused on indoor air contamination. However, it defines "test results" broadly. As a result, once the law is implemented it could be interpreted to include any tests conducted on air, groundwater and soil on the property.

The complete text of the new law can be found here.

Landlords and tenants concerned about this law, and their rights and responsibilties under it, should be sure to contact an attorney prior to executing any new leases, to insure compliance with the law.

Beware of “Dog Rescue” Scams

News reports continue to surface regarding international scam artists using internet websites, online classified ads and emails to offer puppies to Americans interested in purchasing or “rescuing” them.

In most of these scams, the puppies are offered at a price that is much lower than the prices charged by U.S. breeders or kennels, often only a few hundred dollars to cover “shipping expenses” for dogs that traditionally cost over a thousand dollars when purchased from a legitimate breeder.

The ads or messages offer many different explanations for the low prices. Sometimes, the puppies have supposedly been "rescued" from closed kennels or abusive breeders. Other scam artists even claim to represent missionaries or relief organizations attempting to place unwanted puppies in good homes or claim to be helping low-income communities raise money. Often, the scammers claim to be looking for good homes for puppies, asking only that consumers pay the cost of shipping the dog to the United States. However, once payment is made, the scammer never sends the dog, costing the consumer hundreds, or thousands of dollars, as well as emotional heartbreak.

There are several ways to help spot a scam. They include:

• Use of a “free” email service, such as Yahoo, Hotmail or AOL.

• Refusal to speak with you on the telephone or to give you a number to call.

• A contract that states they are not responsible for any injuries or existing medical conditions as soon as you gain possession of the dog.

However, the best way to avoid a pet adoption scam is to rescue your pet from a reputable local animal shelter. Locally, these include the Beverly Animal Shelter, in Waterloo, New York, and the Tompkins County SPCA, located just outside of Ithaca.

Before You Repair Your Home: Know Your Contractor

For most Americans, their home is their single biggest investment. Before hiring a contractor to repair or renovate their property, homeowners should check for consumer complaints against home improvement contractors here.

In the event of a dispute with a contractor, homeowners have many rights. If you think you were the victim of an unscrupulous home repair service, an attorney may be able to get you some or all of your money back.

September 17 is Constitution Day

On Sept. 17, 1787, the U.S. Constitution was signed by thirty-nine brave men who changed the course of history. Now Constitution Day is a time for us to continue their legacy and develop habits of citizenship in a new generation of Americans.

Learn more about this event here.

Home Equity Theft Prevention Act: Your Rights Under the Law

As of February 1, 2007, certain sales of homes that are in foreclosure or default are now governed by a New York State law known as the Home Equity Theft Prevention Act.

If your home is in foreclosure or default and you are planning to sell it, you should be aware of your rights under this law, and know what to expect from a legitimate buyer.

If your sale is protected by the law, and the buyer fails to fulfill any of the requirements listed below you may be able to void or legally cancel the contract you have with the buyer and the sale, even after it has been signed and executed. You may also be able to sue the buyer to recover any damages.

More information about the law can be found here.

Not all sales of properties subject to foreclosure fall under this law. However, if the sale you are considering falls under the Act, you should not enter into any agreement without first contacting a qualified attorney to give you information about your rights, options and other resources you should consider.

New York Revises Law on Adverse Possession

From New York Newsday:

New Yorkers will no longer be able to simply mow a neighbor's lawn for 10 years to claim the property as their own.

A law signed yesterday by Gov. David A. Paterson says "adverse possession" of another's land also will not happen simply because a fence, hedge, shrub, shed or other minimal, nonstructural item is placed across the deeded property line.

Under New York law, an owner has 10 years to claim land back from encroachment. The old law said the land had to be "usually cultivated or improved," which could mean regular maintenance like mowing or a fence. The revision requires encroachment "sufficiently open to put a reasonably diligent owner on notice" or a "substantial enclosure."

The full text of the law can be found here.

Binding Contracts Created by Email

As e-mail exchanges become more and more prevalent in our everyday lives, the courts are beginning to hold that e-mails can create binding, written, contracts. As noted here:

[F]or good or for ill, parties now can conclude a contract, or amend an existing contract, via e-mail....

As ... recent decisions reflect, e-mail contracting can be an effective way to form an enforceable contract. They can however be a boon or curse. E-mail is a casual and speedy form of communications, previously unheard of in the practice of law and which belies its potential legal import.

Parties wishing to avoid the impact of a ruling that e-mail communications have created contractual obligations (or have amended an existing contract) should do what parties do in the traditional context: Make it clear that they do not intend for a contract to be formed until all documentation is fully completed and signed.

In other words, everyone should stop and think before hitting "send."

Beware of Another Tax Scam

With the arrival of the economic stimulus checks comes news of yet-another scam aimed at your taxes:

In the economic stimulus payment scam, people call or e-mail residents, saying they work for the Internal Revenue Service or the Social Security Administration. They ask for personal information, including Social Security and bank account numbers....

Remember: as a general rule you should never give out your social security or bank information to any one who calls you on the telephone.

Seneca County honors judges on Law Day

From the Finger Lakes Times:

100-plus people filled the courtroom of the Ovid Courthouse on May 1 - Law Day - to pay tribute to the 20 judges who have presided over Seneca County Supreme Court since the mid-1800s....

In dramatic voices, readers introduced their subjects. A brief biography of Judge David Herron was read by Attorney Steve Getman; followed by Ovid Town Supervisor David Dresser reading that of Judge James K. Richardson; Judge John E. Seeley by Mary Lou Seeley Schwartzberg; and Judge Sterling G. Hadley by John Porter. Ben Franklin offered details of the life of Judge George W. Franklin; Casey McDonald read the biography of Judge Addison Knox; Judge Josiah T. Miller was presented by Seneca County Assistant District Attorney Mark Sinkiewicz; Judge Gilbert Wilcoxen by Peter Wilcoxen; Judge Peter H. VanAuken by Barry Roach; and Judge William C. Hazelton by Romulus Town Supervisor David Kaiser.

As each biography was read, recently retired Seneca County bailiff Webb Rankin drew the audience's attention to the accompanying portraits hanging on the wall. The originals, displayed at the Waterloo courthouse, were borrowed and cleaned, reproduced and framed as permanent additions to the Ovid courtroom.

As one of the participants, I would like to think Dan Motill, President of the Friends of the Three Bears, for his work organizing this ceremony and for his other work on behalf of the historic Ovid complex.

May 1 is Law Day

Since 1958, our nation has set aside each May 1 as Law Day, to celebrate “the principle of government under law."

Locally, the Seneca County Criminal Justice Advisory Board and the Friends of the Three Bears are commemorating the fiftieth anniversary of this important event by staging a number of events throughout the county.

In the morning the Criminal Justice Advisory Board will assist local high school students with a review of the local legal system:

Students will accompany attorneys, judges, police officers and other government officials during their day to day activities. They will be able to observe court cases, police activities and other functions of the legal system.

Later that evening, the historic court complex in Ovid, New York, known as the “Three Bears,” will host a “Tribute to the Judges.” During that event, members of the legal community and others will discuss some of the history of the old courthouse and the judges who presided there.

More information on each event can be found by clicking on the links above. For information about the history of Law Day nationally click here.