Recently in Statutes, Rules, & Regs Category

New York State's Eviction Moratorium Has Expired--BS&K

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By: Collin M. Carr

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New York State--the state with the highest share of renters in the United States--allowed its eviction moratorium to expire on January 15. State officials enacted the Tenant Safe Harbor Act (TSHA) at the beginning of the COVID-19 pandemic and repeatedly extended it to the point where it became the second longest statewide moratorium in the nation. The National Equity Atlas estimates that approximately 591,000 households in New York State are behind on rent. Now that the moratorium has officially expired, many landlords who have been unable to evict holdover tenants or tenants for nonpayment of rent, and, as a result, have lost substantial amounts of rental income during the pandemic, are looking to once again exercise their rights that have been placed on hold for nearly two years.

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Why a Testator's Next of Kin Matters in Probate | New York Law Journal

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By Jeffrey M. Johnstone

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Even lawyers who do not practice in Surrogate's Court often do not understand why it is necessary in a probate proceeding to deal with people who are not named in a testator's will.

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One of the most influential groups helping set policy for New York's legal cannabis industry is led mostly by farmers with little prior political experience -- but with early success in representing small to mid-sized marijuana businesses, the group is punching above its weight.

The New York Cannabis Growers and Processors Associationconsisted of five people and one paid lobbyist when it formed about three years ago. Today, the association stands at about 250 members, according to the group, and its board members point to several accomplishments within the state's cannabis legalization law as evidence of its increasing clout in Albany.


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We appreciate that the Law Journal has reported extensively on the issue of the denial of certification to justices over 70. We write to highlight several important issues in response to your recent article, "Advocates Await Fate of Popular Legislation, Fiercely Opposed by Top Court Officials, to Keep Older Judges on the Bench."

The pending bill is consistent with the constitutional mandate, and it will not minimize the role of the Administrative Board. The board will still be charged with conducting an individualized determination as to whether each justice who applies for certification is necessary to the work of the courts and is both mentally and physically able and competent to do the job.

Importantly, this law will prevent a repetition of the Office of Court Administration's arbitrary action in 2020, when 46 justices were involuntarily retired, without individualized evaluations, while only three were permitted to continue working. This action severely impaired the ability of the courts to process their calendars and exacerbated the backlogs created by the COVID-19 pandemic.


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Marijuana Opt-Out Tracker | Rockefeller Institute of Government

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View which municipalities have made the decision to opt out of adult-use marijuana dispensaries and/or on-site consumption lounges in their jurisdiction. NOTE: While this dashboard is updated regularly it does not represent real-time, official information on municipalities' opt-out decisions.

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The mandate is being imposed through a commissioner's order from city Health Commissioner Dave Chokshi. The mayor and the city's top lawyer said they were confident it would withstand any legal challenge. 

"The health commissioner has an obligation and a responsibility to protect the public health. Here, he is issuing an order that is intended to do just that in a public health emergency," said Corporation Counsel Georgia Pestana, adding that it would hold up legally because it is applied across the board rather than singling out any industry.

The city has already mandated the vaccine for its own workforce, some 380,000 people.

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IRS Provides Long-Awaited Formal Guidance on 501(c)(3) LLCs--BS&K

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Under Notice 2021-56, the IRS indicates that it will issue a favorable 501(c)(3) determination letter to an LLC if, in addition to satisfying the general requirements of 501(c)(3), it satisfies the following requirements in both its articles of organization and operating agreement:

Inclusion of provisions requiring that each member of the LLC be either (i) an organization described in Code Section 501(c)(3) or (ii) a governmental unit (or wholly-owned instrumentality of such a governmental unit). 
Inclusion of express charitable purposes and charitable dissolution provisions in compliance with Treasury Regulation Section 1.501(c)(3)-1(b)(1) and (4).
If the LLC is a private foundation, inclusion of the express Chapter 42 compliance provisions described in Code Section 508(e)(1).
Establishment of an acceptable contingency plan in the event that one or more members cease to be Code Section 501(c)(3) organizations or governmental units.
Representation that all provisions in its articles of organization and operating agreement are consistent with applicable state LLC law and are legally enforceable.
Importantly, this new guidance does not impact LLCs currently recognized as described in Code Section 501(c)(3).
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Effective January 1, 2022, the NYS Food Donation and Food Scraps Recycling law requires businesses and institutions that generate an annual average of two tons of wasted food per week or more must:

  1. donate excess edible food; and
  2. recycle all remaining food scraps if they are within 25 miles of an organics recycler (composting facility, anaerobic digester, etc.).

Food Donation and Food Scraps Recycling Law Overview (PDF)

This law does NOT include:

  • New York City (which already has a local law in place requiring the diversion of food scraps from disposal)
  • Hospitals
  • Nursing Homes
  • Adult Care Facilities
  • K-12 Schools
  • Farms

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Governor Kathy Hochul today signed legislation (S.64/A.1524) establishing a statewide Restaurant Meals Program as part of the Supplemental Nutrition Assistance Program, or SNAP. The legislation mandates the New York State Office of Temporary and Disability Assistance to apply for USDA approval to authorize the program, which would allow homeless, elderly and disabled SNAP recipients to use their benefits for prepared or hot food from participating restaurants. Governor Hochul signed this legislation at the Brownsville Recreation Center in Brooklyn, NY on October 4.  

The Governor also announced the launch of the $25 million Restaurant Resiliency Program to provide relief to the restaurant industry, which continues to face severe challenges from the COVID-19 pandemic. The program, proposed by the legislature, will build on the successful Nourish New York initiative. It will provide funding to New York's network of food banks and emergency food providers to purchase prepared meals from New York restaurants and deliver them to families in need. 

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Many people mistakenly assume that Social Security is a fairly cut-and-dry proposition. You turn 62 - you get your long-awaited Social Security benefits. Right?

Well, it is not that straight-forward.

It is actually a very complex system that is best navigated under the guidance of a professional who knows something about the more than 8,000 different ways to claim Social Security.

As they say, the devil is in the details.

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Sign up for a wide range of free, up-to-date information from the NYS Office of Cannabis Management.

Area of interest:
 
 
 
 
 
 
 
 

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FAQ--ADULT USE CANNABIS AND THE WORKPLACE New York Labor Law 201-D...NYSDOL

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This document is intended to address some of the
most common situations or questions in the workplace related to adult-use cannabis and the Marijuana Regulation and Taxation Act ("MRTA"). This document does not address the medical use of cannabis. For further assistance with New York Labor Law and the MRTA, please visit New York State's Office of Cannabis Management's website at cannabis.ny.gov or consult with an appropriate professional.

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New York's newly minted Cannabis Control Board met publicly for the first time this week to start crafting long-delayed regulations for overseeing the state's recreational and medical marijuana industry.

During Tuesday's short but sweeping session, the five-member board approved a list of senior staff for the Office of Cannabis Management, the state body responsible for regulating medical and adult-use cannabis, cannabinoid hemp and hemp extracts.


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Starting Oct. 28, a new $67 user fee will apply to any estate that requests a closing letter for its federal estate tax return. The IRS also continues to remind executors about the availability of the free transcript option. The new user fee was authorized under final regulations, TD 9957, now available in the Federal Register. Closing letter requests must be made using Pay.gov. The IRS will provide further procedural details before the user fee goes into effect.

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Marijuana is now legal in New York, but that doesn't mean you can smoke it everywhere.

Here's a look at some of the rules on where you can and can't smoke in the state.

Generally, anywhere you're not allowed to smoke a cigarette, you're also not allowed to smoke a joint.

That includes a host of places where smoking is banned under New York's Clean Indoor Air Act:

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Form 8936: Plug-in Electric Drive Motor Vehicle Credit--Investopedia

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The Internal Revenue Service (IRS) offers tax credits to owners and manufacturers of certain plug-in electric drive motor vehicles, including passenger vehicles, light trucks, and two-wheeled vehicles. Taxpayers who own vehicles that qualify may file Form 8936 with their income taxes to claim the tax credit.

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The number of electric vehicle stores in the state is now limited to five, all operated by Tesla, the company headquartered in Palo Alto, California.

The legislation Environmental Advocates and a second group, the Alliance for Clean Energy, is promoting is sponsored by Sen. Todd Kaminsky, D-Long Island, and Assemblywoman Patricia Fahy, D-Albany.

Their bill argues the limits on manufacturer-run stores has made it onerous for upstate New Yorkers to get an electric vehicle of their choice.

"Due to overwhelming demand, these stores are all located downstate, leaving upstate residents without convenient and accessible locations to purchase zero-emission vehicles and preventing any additional electric vehicle companies from opening stores in the state," the legislation states.

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The St. Regis Mohawk Tribe in Northern New York is poised to open the state's first 'legal' marijuana shops, potentially beating non-Indian nation weed retailers to the market by at least a year.

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By Phil McCausland

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Religious exemptions could prove to be the latest legal battlefield of the pandemic, as Americans opposed to the coronavirus vaccines try to find ways around employer and government vaccination mandates.

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One driver for testing sincerity is the fact that no major organized religion objects to the vaccines, and Roman Catholic, other Christian, Jewish and Muslim leaders have advised followers to get the shots. Pope Francis went so far as to say that getting vaccinated was "the moral choice because it is about your life but also the lives of others."

Individually held beliefs, however, could provide some protections.

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By Andy Rose, CNN

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Washington, DC (CNN)A district judge in Texas has issued a temporary restraining order against Texas Right to Life, blocking the anti-abortion group from suing abortion providers employed by Planned Parenthood under the state's strict new abortion law, according to a copy of the order provided by Planned Parenthood.

The law, which took effect this week, bans abortions after as early as six weeks into pregnancy and allows private citizens to bring civil suits against anyone who assists a pregnant person seeking an abortion in violation of the law. It is among the strictest in the nation and bars abortions just after a fetal heartbeat is detected, which is often before a woman knows that she is pregnant.
Judge Maya Guerra Gamble in Travis County ruled that the medical providers faced "probable, irreparable, and imminent injury" if they were sued by the private group in connection with abortions as early as six weeks into pregnancy, as provided for under the law.
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