On September 6, 2021, Governor Kathy Hochul announced the designation of COVID-19 as an airborne infectious disease under the HERO Act.

 

This designation requires all employers to implement workplace safety plans.

 

We reported the passage of this bill on August 6th.

 

Here is a link to the Department of Labor announcement:  https://dol.ny.gov/ny-hero-act

TO ALL BUSINESS OWNERS AND PRINCIPALS:

 

The NY State Health and Essential Rights Act (aka the NY HERO Act) (A2681-B /S1034-B) requires all employers in New York to implement certain safety standards and adopt a prevention plan to protect against further spread of COVID-19 and other airborne infectious diseases in the workplace.

 

As of August 5, 2021, employers must have a written plan in place covering their employees and independent contractors.  The next requirement under the law, informing employees of the plan is due in 30 days, by September 4th.  The plan will only be implemented or activated “when an airborne infectious disease is designated by the New York State Commissioner of Health as a highly contagious communicable disease that presents a serious risk of harm to the public health.”  

 

Currently, while employers must adopt plans as required by the law, as of the date of this writing no designation has been made and plans are not required to be in effect.

 

The state Department of Labor, in consultation with the state Department of Health, has created an airborne infectious disease safety standard, which ultimately will differ between industries and establish minimum requirements on procedures and methods.  In addition, the Department of Labor has established a Model  Airborne Infectious Disease Exposure Prevention Plan, which employers can adapt for their own use.

 

You can download the standard and the prevention plan here - https://dol.ny.gov/ny-hero-act

 

The National Law Review has an informative article, here –

https://www.natlawreview.com/article/new-york-state-enacts-hero-act-what-employers-need-to-know

 

 

Governor Andrew M. Cuomo has just announced at a press briefing that New York State will end the Temporary Disaster Emergency established to respond to the COVID-19 crisis by Executive Order 202 and subsequent Executive Orders, effective tomorrow, June 24^th. This will end the suspensions and modifications of law, and all directives contained in the Executive Orders relating to the State’s Disaster Emergency.

 

The Federal Centers for Disease Control and Prevention (CDC) guidance requiring masks for unvaccinated individuals, and for all individuals on public transportation and certain other settings remains in place. Local Governments may continue to enforce mask rules in these settings.

EXECUTIVE COMMITTEE MEETING
New York State Land Title Association
June 8, 2021
10:30 AM

AGENDA
1.    Call to order – President Partridge
2.    Roll call
3.    President’s Greeting – President Partridge
4.    Approval of May Minutes - Executive Director Treuber
5.    Exec Director Report – Executive Director Treuber
6.    Nomination of Officers – Executive Director Treuber
7.    Charitable Works Committee Report – Chair Roper
8.    Government Regulations Report – Chair Cahill
a.    Executive order 202.55
9.    Anniversary Committee Report – Co-chairs Pereyo & Stancanelli
10.   Title Tidbit – Mr. Estrella
11.   Title Section Report – Chair Vincini
12.   Agent Section Report – Chair Giliotti

       a.    Suffolk Recording problems.
       b.       Mt. Vernon
       c.       New Power of Attorney effective June 13th
       d.       IT  2663 and 2664 new form
       e.       Drone Survey
       f.       ECB-DOB  NYC new permit requirements
       g.       Lenders Data Base
       h.       By-laws
       i.       Agent section meeting

13.    New Business
14.    Adjourn

The Agent Section voting members at this meeting are:
Jean Partridge    

Eric Swarthout  

Tommy Tafuri    

Linda Lynch    

Phil O’Hara    

Nancy Farrell
DeAnna Stancanelli    

Richard Giliotti    

John Hughes    

Larry Litwack    

Andrew Zankel    

Sarah Labar
 

 

TO:        All Members

FROM:  Jean Partridge, President NYSLTA

RE:        State Budget Bill

 

The New York State Legislature and Governor Andrew Cuomo have agreed on several pieces of legislation that comprise the State budget. The budget bill is both a financial budget for the State as well as a policy document.  As many of you recall, it was the 2014 budget bill that contained the licensing of title agents, under which we all operate.

 

The intent of this memo is to highlight some of the changes enacted in the budget that title insurance staff, business owners and senior executives should be aware of.

 

Revenue Budget Part O

1.      Tax Law 1401 (a) – Definitions

(a)(2) NEW– the definition of person expanded to include officers, employee, members and managers of entities who are under a duty to act for such entity, in complying with this article or who have so acted.

2.      Tax Law 1404 (a) – Liability for Tax

(a)   Transfer Tax (pursuant to 1402 of the tax law) is payable by the grantor – UNLESS the contract states otherwise; IF grantee pays the tax because seller failed to pay (when seller was obligated to pay same) THEN grantee has a cause of action against the grantor. IF transfer tax is paid by the grantee on residential real property pursuant to a contract of sale, the amount of such tax is excluded from consideration. 

NOTE: This change only affects the NYS Transfer Tax and does not change the New York City DOF’s application of gross up provisions to NYC RPT. We have been informed that this may change to conform with the State’s new rules by a future change in the NYC law.

3.      Tax Law 1409

(a) – LLC Disclosure requirement Section 1409(a) requires all LLCs that are either grantors or grantees in a deed transferring real property to disclose all their members before the real estate may be transferred. NOTE: This disclosure is currently required as an addendum to the TP584 form.

(a)(2) removes disclosure requirement if a member is an LLC and is a publicly traded entity, a REIT, an UPREIT or a mutual fund.

Revenue Budget Part U

 

Section 1. Real Property Law 333

 

(1) ADDED Transfer tax forms will be permitted to be submitted to the State Department of Taxation and Finance and the State will issue a receipt; this receipt will allow a document to be submitted for recording to the county clerk without the usual transfer tax forms

 

Section 5. Tax Law 1407 Designation of agents

(b)   1 (2) When the new combined form (per Tax Law Sec. 1423) is used and the Clerk is presented with a receipt from the Commissioner of Finance, the recording officer is relieved of its responsibility to collect transfer taxes. However, the clerk is still entitled to receive their share of the transfer tax.

 

(c)    2 NEW (2) alphanumeric change – When no receipt from the Commissioner of Finance is attached, the Clerk shall accept the transfer tax payments

 

Section 8. Tax Law 1423

– NEW IN ITS ENTIRETY Modernization of real property transfer reporting.

 

(a)   Commissioner of Finance is authorized to implement a system for electronic filing and submission of transfer tax forms; Commissioner of Finance may combine the TP and Equalization forms

 

(a)(1) Paying the transfer tax online and using the combined form is optional – submission of both forms to the Clerk will continue to be permissible. Clerk cannot accept combined form.

 

(a)(2) All items on combined form that would have otherwise appeared on the RP-5217 remains subject to public disclosure.

 

(a)(3) The act of submitting the combined form electronically shall be deemed the signing of said form. The requirement that all the grantors and grantees shall sign the return shall not apply. However, the fact that a grantor or grantee has not electronically submitted the form shall not relieve that grantor or grantee of any liability for the tax imposed by this article.

 

(b) If combined form is submitted electronically then fees are payable to the Commissioner of Finance  The Clerk’s or the recording officer's fees will be paid their share of the taxes and fees on the 12th of each month, provided the recording information is provided to the Commissioner of Finance . 

(c) The party submitting the same shall be provided with an electronic receipt, a printed copy of same will be submitted to the Clerk by the submitting party in lieu of submitting the forms and payments. Clerk to retain for 3 years.

(d) Clerk to provide Liber and page to Commissioner of Finance upon recording.  

As always, Agents should confer with their Underwriter for guidance. The changes listed in this memo are not comprehensive. Business owners and managers should review the entire document with an accounting professional.