November 2020

Weekly Report for November 27, 2020

NYSAR joins coalition in opposition to pied-a-terre tax proposal
NYSAR recently joined a coalition of organizations and advocate groups to oppose a new tax proposal on non-primary residences valued at over $5 million in New York City. The coalition launched a public campaign to advance these efforts – To learn more and contact your state lawmaker asking them to oppose the legislation, visit: NYC Homeowners Coalition.

NYS Senate Democrats declare 42-member supermajority
Senate Majority Leader Andrea Stewart-Cousins announced on Tuesday that Democrats have secured a 42-member supermajority with the victories of Michelle Hinchey in the upper Hudson Valley and Pete Harckham in Westchester. Democratic Sen. Jen Metzger conceded her race to Republican Mike Martucci. One race is still undecided in Central New York between Democrat John Mannion and Republican Angie Renna.

Marshals in NYC carry out first eviction since start of pandemic
On November 20, marshals carried out the first legal residential eviction in New York City since the start of the pandemic. Other cases are continuing to move through the courts as well. New York’s blanket eviction moratorium expired in October. Read more here.

Weekly Report for November 20, 2020

Senate Democrats claim victories in tight races
Democratic incumbent Sens. Jim Gaughran and Kevin Thomas (Long Island) declared victories after trailing by thousands of votes on election night. Democrat Elijah Reichlin-Melnick (Rockland/Westchester) also declared victory after trailing by more than 3,000 votes in an open seat vacated by Democratic Sen. David Carlucci. Senate Democrats now seemingly need to win two out of the four outstanding Senate races to have a veto-proof majority. The four outstanding Senate races include the Westchester seat between Democratic incumbent Peter Harckham and Republican Rob Astorino; Hudson Valley seat between Democratic incumbent Jen Metzger and Republican Mike Martucci; Capital District/Hudson Valley seat between Democrat Michelle Hinchey and Republican Rich Amedure; and Central New York seat between Democrat John Mannion and Republican Angi Renna. Learn more.

IRS proposes SALT cap workaround for small business owners
The Treasury Department and IRS said they will issue proposed regulations that will permit pass-through workarounds to allow small-business owners to skirt the $10,000 cap on state and local income tax (SALT) deductions. The workaround doesn’t apply to sole proprietorships and single-member LLCs. The proposed rules from the IRS and Treasury will clarify that the state taxes paid by the business are deductible by partnerships and S-corps when they calculate their federal income and distribute it to owners. Learn more.

Weekly Report for November 13, 2020

Elections update
Absentee ballots have started to be counted at county boards of elections to decide close races across the state. In Central New York, Democrat John Mannion netted 2,000 votes so far and now trails Republican Angie Renna by 5,000 votes for the 50th Senate District seat. There are 30,000 absentee ballots still to be counted. Democratic Sen. Rachel May declared victory over Republican challenger Sam Rodgers in the 53rd Senate District. Absentee ballot counting has been delayed in Westchester County due to a lawsuit filed by Republican Rob Astorino who is challenging first-term Senator Pete Harckham. Senate Democrats say they still see a path to a veto-proof 42-member majority. Read more here.

Rep. Max Rose concedes to Republican Malliotakis
First-term Democratic incumbent Rep. Max Rose conceded to Republican challenger Nicole Malliotakis in the race for the 11thCongressional District, one of the most competitive districts in the nation which includes Staten Island and part of southern Brooklyn. Read more here. In another close race, Republican Rep. John Katko clinched his victory over Democratic challenger Dana Balter in the 24th Congressional District. Also, Democratic incumbent Rep. Anthony Brindisi reduced Republican Claudia Tenney’s lead by over 7,000 votes, however his path to victory remains difficult.

NYC Council special elections
Special elections for New York City Council will be announced in the coming weeks to fill seats being vacated by councilmembers who won other office on November 3. Councilman Ritchie Torres won his congressional race, Councilman Donovan Richards won the Queens borough president election and Councilman Andy Cohen is becoming a judge. Additionally, Rory Lancman stepped down last month and Andy King was expelled from the Council for misconduct. Read more here.

Weekly Report for November 6, 2020

NYS Election Update
Entering election day, New York Democrats controlled the State Senate 40-20 and the State Assembly 101-43. Initial vote counts show Democrats may lose seats in the Senate, however still maintain a majority. Assembly Democrats will likely maintain a supermajority, however, a number of incumbents are in danger of losing as absentee ballots begin to be counted. Democrats hold leads in 3 Western New York State Senate seats previously held by Republicans, while several incumbent Democratic Senators on Long Island trail their Republican challengers. Republicans also hold competitive leads in open Senate seats in Central NY, Hudson Valley and Capital Region. Republicans in the State Assembly are claiming to have flipped seats without losing any incumbents. In Congress, Democratic Reps. Max Rose, Tom Suozzi and Anthony Brindisi appear to be in danger of losing their seats to Republican challengers. Absentee ballots statewide have yet to be counted and could significantly impact close races. For a full election breakdown, click here.

Executive Order creates 60-day window for tenants to answer eviction petitions
On November 3, Gov. Cuomo signed an Executive Order which stipulates that any summary eviction proceeding for nonpayment of rent pending as of Nov. 3 must be answered within 60 days. This provides a 60-day window for tenants to avoid losing their eviction cases by default, though its interpretation will be left up to individual judges. Read more here.