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October 2023

Weekly Report for October 27, 2023

REALTOR® Call for Action – Tell Congress to Extend NFIP past Nov. 17 deadline
Following REALTOR® advocacy efforts, Congress passed a last-minute spending agreement on September 30 to avert a government shutdown and extend the authority of the National Flood Insurance Program (NFIP). The agreement only funds the government through November 17, where Congress will have to come to another spending agreement. The NFIP has now been extended 25 times since 2017, showing the need for a longer-term solution. Take Action Now to urge Congress to avoid any lapse in November.

Governor Hochul signs laws helping to build and maintain affordable housing in NYC
On October 23, Gov. Kathy Hochul signed into law a package of legislation designed to build additional affordable housing in New York City, while making homes in the city more hospitable and resilient to inclement weather. The first law will create a new “affordable housing rehabilitation program” in New York City to replace the former J-51 program that lapsed at the end of the state’s 2023 legislative session. The second law creates the “Housing Affordability, Resiliency, and Energy Efficiency Investment Act of 2023” which loosens restrictions on New York City’s ability to provide loans and grants for investment in affordable housing. The third new law increases the New York City Housing Development Corporation’s bonding capacity. Read more here.

Governor Hochul signs law addressing possible discriminatory practices in appraisals
On October 25, Governor Hochul signed into law legislation (A.6833/S.7175) that would provide the Department of State greater discretion in disciplining real estate appraisers (including revocation or suspension of a license) found to have violated state Human Rights Law prohibiting discrimination on the basis of a protected characteristic, including race, creed, national origin, sex, age, disability, marital status, military status, family status, sexual orientation, or gender identity.

NYC DOB holds final hearing on Local Law 97 climate law enforcement
The New York City Department of Buildings held a final public hearing on Tuesday to receive comments on new rule proposals regarding the implementation of Local Law 97, which requires emission reductions in most buildings throughout the city beginning Jan. 1, 2024. The public hearing focused on two proposed rules: One that would provide building owners a two-year reprieve from fines for failing to meet emission reduction targets for 2024, as long as they submit a decarbonization plan; and another proposal that would allow some building owners to purchase renewable energy credits (RECs) in order to meet emission reduction targets. The Department will now begin an internal review of the public comments and expects to finalize and publish the rules by the end of this year. Read more here.

Early voting across NY runs Oct. 28 through Nov. 5
Early voting begins in New York state Saturday and will run through November 5. New Yorkers must vote at their assigned early voting site, which may be different from their Election Day polling site. The general election will take place on November 7. Look up your early voting polling location and election day polling location on the Board of Elections site here.


Weekly Report for October 20, 2023

REALTOR® Call for Action – Tell Congress to Extend NFIP past Nov. 17 deadline
Following REALTOR® advocacy efforts, Congress passed a last-minute spending agreement on September 30 to avert a government shutdown and extend the authority of the National Flood Insurance Program (NFIP). The agreement only funds the government through November 17, where Congress will have to come to another spending agreement. The NFIP has now been extended 25 times since 2017, showing the need for a longer-term solution. Take Action Now to urge Congress to avoid any lapse in November.

NYSAR meets with Sen. Kavanagh on coop transparency
This week, NYSAR staff met with Sen. Brian Kavanagh, Chair of the Senate Housing Committee, to discuss support for legislation (S.2964-A/A.1778-A) that would combat discrimination in coops by establishing a clear timeline for a response to applicants by coop boards and requiring a reason upon denial. Sen. Kavanagh is the prime sponsor of the bill heading into 2024.

Lawmakers urge Governor Hochul to curb natural gas hookups next session
More than 50 state lawmakers sent Gov. Hochul a letter this week urging she make the NY Home Energy Affordable Transition (NY HEAT) Act a priority and include it in her budget proposal to be released in early 2024. The measure would end the subsidy that requires ratepayers to cover the cost of hooking up new customers who live within 100 feet of an existing line, and end the mandate utilities must supply natural gas to any customer who requests it. The proposal would not bar utility companies from building new hookups to attach buildings to natural gas. Read more here.

Special Report: Sitzer/Burnett Trial
The Sitzer/Burnett trial, which challenges real estate compensation and the American MLS model, is underway. Hear the details of the case from NAR Chief Legal Officer Katie Johnson. A verdict could be expected by early next month. Resources to explain the local MLS broker marketplaces to clients can be found by clicking here, and talking points explaining real estate compensation can be found by clicking here.


Weekly Report for October 13, 2023

REALTOR® Call for Action – Tell Congress to Extend NFIP past Nov. 17 deadline
Following REALTOR® advocacy efforts, Congress passed a last-minute spending agreement on September 30 to avert a government shutdown and extend the authority of the National Flood Insurance Program (NFIP). The agreement only funds the government through November 17, where Congress will have to come to another spending agreement. The NFIP has now been extended 25 times since 2017, showing the need for a longer-term solution, which NAR supports. Take Action Now to urge Congress to avoid any lapse in November.

Lawsuit challenges New York’s gas ban in new construction
A federal lawsuit was filed Thursday in Albany challenging the legality of New York’s ban on gas stoves and furnaces in new residential buildings beginning in 2026. The lawsuit asserts that a decades-old federal statute – the Energy Policy and Conservation Act – preempts any state or local regulations on energy consumption by appliances, and thus negates the New York law. The arguments echo a recent U.S. Court of Appeals ruling that struck down a similar ban in Berkeley, California, citing the EPCA’s authority, which is being challenged.

Suozzi announces run for Congress
Long Island Democrat Tom Suozzi announced Tuesday that he is running for Congress in the 3rd Congressional District currently represented by Republican Rep. George Santos who faces a 23-count federal indictment. Suozzi previously served six years in Congress and ran unsuccessfully for governor in 2022. Democrats currently running for the 3rd CD include former State Sen. Anna Kaplan, Zak Malamed, and Josh Lafazan. Read more here.


Weekly Report for October 6, 2023

REALTOR® Call for Action – Tell Congress to Extend NFIP past Nov. 17 deadline
Following REALTOR® advocacy efforts, Congress passed a last-minute spending agreement on September 30 to avert a government shutdown and extend the authority of the National Flood Insurance Program (NFIP). The agreement only funds the government through November 17, where Congress will have to come to another spending agreement. The NFIP has now been extended 25 times since 2017, showing the need for a longer-term solution, which NAR supports. Take Action Now to urge Congress to avoid any lapse in November.

NYC Mayor eliminates credit checks for housing voucher holders
NYC Mayor Eric Adams announced that city residents with housing vouchers will no longer undergo credit checks when selected for affordable housing. Specifically, the administration issued an amendment – detailed in the HPD-HDC Marketing Handbook – that prohibits marketing agents from conducting credit checks, utilizing credit score information, or requiring rental history in lieu of a credit check to determine eligibility for voucher holders. If the marketing agent is permitted to conduct a credit check, they may only reject applicants on specific grounds, including bankruptcy, delinquencies, collections, money judgments, or liens. Read more here.

U.S. Supreme Court will not consider challenge to NY rent stabilization law
The U.S. Supreme Court on Monday said it will not consider a NYSAR-supported challenge to rent stabilization laws filed by landlord groups in New York. The lawsuit argued that New York’s rent stabilization law amounts to an unconstitutional taking of private property. There are still two other pending cases from a smaller group of landlords with more specific circumstances related to the constitutionality of the rent stabilization law. Read more here.