September 2022

Weekly Report for September 30, 2022

Governor Hochul makes regulatory push requiring zero emissions cars by 2035

On Thursday, Governor Kathy Hochul announced that she has directed the State Department of Environmental Conservation to propose new draft regulations that will require all new passenger vehicles sold in the state to be zero emissions compliant by 2035, which is among the recommendations in the Climate Action Council’s Draft Scoping Plan. The state will also be investing more than $1 billion over the next five years to support the transition to zero emission vehicles, providing purchase rebate programs and charging infrastructure grants. Read more here.

State Court rules Assembly district maps must be redrawn for 2024 elections

On Thursday, Manhattan State Supreme Court Judge Laurence Love ruled that State Assembly district maps must be redrawn by the Independent Redistricting Commission by April 2023 to be in place for the 2024 election following a lawsuit filed earlier this year. The petitioners of the Assembly redistricting suit disagreed with the ruling due to political structure of Independent Redistricting Commission and said they will ask for an immediate stay before appealing. Read more here.

National Flood Insurance Program set to be extended by Congress

The National Flood Insurance Program (NFIP) is expected to be extended through December 16, 2022 as a result of a short-term government funding bill passed by the U.S. Senate on Thursday with expected approval by the House on Friday. NFIP’s authority to provide flood insurance was set to expire at midnight on Friday, September 30, 2022. NAR continues to advocate for a 5-year long-term extension of the NFIP. Read more on NAR’s FAQ page here.

Weekly Report for September 23, 2022

NYSAR meets with NYC Council on criminal background check bill
This week, NSYAR staff met with NYC Council Member Keith Powers and his staff to discuss a bill (Int. 632) he is carrying that would prohibit landlords and real estate agents from conducting criminal background checks on prospective tenants. NYSAR conveyed concerns with the bill as it’s currently drafted particularly addressing landlord and tenant safety issues. NYSAR provided the Council Member with our memo in opposition to the bill which you can read here. This bill is one of several NYSAR priorities before the NYC Council as we continue to meet with Council Members.

Reminder: Attend NYSAR’s Legislative Policy Forum
NYSAR’s Legislative Policy Forum will be held in-person on Saturday, October 1 at 10:30 a.m. in Room “Saratoga 3” as part of NYSAR’s Fall Business Meetings in Saratoga, NY. We are pleased to have as our guest speaker Steve Greenberg, Siena College Research Institute pollster and founder of Greenberg Public Relations, who will be providing an in-depth political discussion as we head into this year’s November General Election. Additionally, NYSAR Director of Government Affairs Mike Kelly and NAR Political Representative Zack Rubin-McCarry will be providing a state and federal legislative update.

Races to watch in the upcoming General Election
The November 8 general election is now less than two months away. Absentee voting by mail is set to begin in late September and early voting will be available from October 29 through November 6. Democrats will attempt to hold all 5 statewide races on the ballot including Governor, Lt. Governor, Attorney General, Comptroller and one U.S. Senate seat held by Senate Majority Leader Chuck Schumer. Almost a dozen of New York’s 26 House district appear to be competitive as Democrats hold a narrow majority in U.S. House. At the state level, Democrats in the State Senate are looking to hold on to their supermajority where they currently outnumber Republicans 42-20 (with one vacancy). Democrats in the State Assembly similarly will look to maintain their supermajority where they currently hold 107 out of 150 seats. For a breakdown of competitive races across the state click here.

NAR files amicus brief in support of housing providers
NAR recently filed an amicus brief to the U.S. Court of Appeals for the Federal Circuit in support of the National Apartment Associations’ lawsuit alleging that the Center for Disease Control’s (CDC) nationwide COVID-19 eviction moratorium constituted a physical taking under the Fifth Amendment. Earlier this year, the U.S. Court of Federal Claims dismissed the complaint, reasoning there was no viable takings claim against the U.S. because the CDC had acted outside of its scope of authority when issuing the moratorium. In response, the Plaintiffs filed a notice of appeal in the U.S. Court of Appeals for the Federal Circuit in June. Read more here.

Weekly Report for September 16, 2022

NYSAR’s Legislative Policy Forum Speaker announced
NYSAR’s Legislative Policy Forum will be held in-person on Saturday, October 1 at 10:30 a.m. in Room “Saratoga 3” as part of NYSAR’s Fall Business Meetings in Saratoga, NY. We are pleased to have as our guest speaker Steve Greenberg, Siena College Research Institute pollster and founder of Greenberg Public Relations, who will be providing an in-depth political discussion as we head into this year’s November General Election. Additionally, NYSAR Director of Government Affairs Mike Kelly and NAR Political Representative Zack Rubin-McCarry will be providing a state and federal legislative update.

NYS advances decarbonized buildings law
The state Public Service Commission on Thursday began the first steps toward enacting a measure meant to expand the construction of buildings that have a lower carbon footprint. The law is meant to reduce greenhouse gas emissions by encouraging infrastructure projects that connect multiple buildings through the same thermal energy network. The efforts are part of a broader series of provisions to reduce the state’s use of fossil fuels in the coming decades and transition to cleaner and more renewable forms of energy. That network is meant to provide an energy source that is alternative to burning natural gas for heating and cooling needs. Read more here.

FAQ: National Flood Insurance Program Expires September 30, 2022
The National Flood Insurance Program’s (NFIP) authority to provide flood insurance is currently set to expire at midnight on Friday, September 30, 2022. NAR is urging Congress to approve a long-term extension within a broader spending package currently being negotiated. NAR has provided an FAQ section on what this means for upcoming closings and several proactive steps your clients can take in the meantime.

Weekly Report for September 9, 2022

NYSAR’s Legislative Policy Forum Speaker announced

NYSAR’s Legislative Policy Forum will be held in-person on Saturday, October 1 at 10:30 a.m. in Room “Saratoga 3” as part of NYSAR’s Fall Business Meetings in Saratoga, NY. We are pleased to have as our guest speaker Steve Greenberg, Siena College Research Institute pollster and founder of Greenberg Public Relations, who will be providing an in-depth political discussion as we head into this year’s November General Election. Additionally, NYSAR Director of Government Affairs Mike Kelly and NAR Political Representative Zack Rubin-McCarry will be providing a state and federal legislative update.

NYSAR Legislative Working Group Virtual Meeting Schedule
NYSAR’s Fall Business Meetings are scheduled to be a hybrid event with virtual meetings being held via Zoom from Sept. 19-22, and in-person meetings to be held Sept. 30 – October 3. Register for the NYSAR Fall Business Meetings. NYSAR’s Legislative Working Groups are set to meet:

Monday, September 19

Commercial Issues Working Group – 11am – 12pm
NYC Issues Working Group – 1-2 pm
Co-Op Issues Working Group – 3:30pm – 4:30pm

Tuesday, September 20

Federal Political Coordinator Update (closed meeting) – 10am – 11am
State Political Coordinator Update (closed meeting) – 1pm – 2pm
Article 12a Working Group – 3pm – 4:30pm

To view the full schedule for the 2022 “Elevate Your Profession” Fall Business Meetings, please click here.

City of Albany’s “good cause” eviction law reinstated; final decision on appeal expected next year

In late August, a state judge reinstated the City of Albany’s “good cause” eviction law requiring landlords to meet specific requirements in order to evict a tenant and prohibiting annual rent increases from exceeding five percent. In June, a State Supreme Court judge voided the city’s “good cause” eviction legislation ruling that it conflicted with state law. A final decision on the appeal is expected to be made next year. The lawsuit challenging the City of Albany’s “good cause” law was supported by NYSAR. We will continue to provide updates on this issue.

Weekly Report for September 2, 2022

Monday, September 19

Commercial Issues Working Group – 11am – 12pm
NYC Issues Working Group – 1-2 pm
Co-Op Issues Working Group – 3:30pm – 4:30pm

Tuesday, September 20

Federal Political Coordinator Update (closed meeting) – 10am – 11am
State Political Coordinator Update (closed meeting) – 1pm – 2pm
Article 12a Working Group – 3pm – 4:30pm

To view the full schedule for the 2022 “Elevate Your Profession” Fall Business Meetings, please click here.

NYC lawmakers renew focus on broker fee caps
State Senator Jabari Brisport and NYC Council Members Carlina Rivera and Keith Powers are again pushing to cap broker fees on rentals in New York City. The proposal has gained momentum among housing advocates over the last couple years, however, have not advanced in the State Legislature or the NYC Council. The Department of State that oversees housing law and licensed real estate agents, said this week it’s investigating a nearly $20,000 broker fee for a $1,725 a month rent stabilized unit recently reported on. NYSAR strongly opposes the measure and has testified before the NYC Council on the issue. Read more here.

California approves a wave of aggressive new climate measures
On Wednesday, August 31, California approved some of its most aggressive climate action measures yet, including $54 billion in climate spending, sharp new restrictions on oil and gas drilling and a mandate that California cut emissions at least 85 percent by 2045. New oil and gas wells will also be required to be set back at least 3,200 feet from homes, schools and hospitals, while imposing strict pollution controls on existing wells within that distance. NYSAR has been heavily engaged on climate action issues in New York and will continue to monitor reactions by state lawmakers following California’s new laws. Read more here.

Gov. Hochul and Attorney General announce settlement in Long Island housing discrimination claims
State Attorney General Letitia James and Governor Kathy Hochul announced that three Long Island real estate brokerages have agreed to settle over claims their agents engaged in illegal housing discrimination, agreeing to pay a combined $115,000, Newsday reports.