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Potential Septic System Upgrade Requirement for Property Transfers in Shelter Island

By now most, if not all, realtors on the East End have heard about Suffolk County, and local laws, requiring upgrades of septic systems to more technologically updated, and more expensive (about $20,000 before rebates), on-site wastewater treatment systems. These systems significantly reduce the amount of nitrogen and nitrates that ultimately find their way into well water and local waterways. Such regulations have already been enacted in East Hampton Town, which requires these systems for all new construction, and similar proposals are being discussed in Sag Harbor Village and East Hampton Village. Continue reading Potential Septic System Upgrade Requirement for Property Transfers in Shelter Island

Southold Landlords Best Beware of The Town’s New Rental Permit Requirement

Three years after its adoption of legislation banning short term rentals in Southold, and after extensive review and revision to address public concerns, the Town Board adopted a new Rental Permit Code at its December 18, 2018 meeting.  The ban on renting homes for less than 14 days was intended to stifle the depletion of affordable long-term rentals and curb noise pollution and traffic congestion caused by transient weekend visitors who use Airbnb or VRBO.  This new law has a much broader application to rentals for any term by owners of one, two or multi-family dwellings within the Town. Continue reading Southold Landlords Best Beware of The Town’s New Rental Permit Requirement

The Effect of Divorce on Your Estate Plan

The ensuing months after the holiday season usually see an uptick in divorce filings. Some matrimonial practitioners even refer to the first Monday after New Year’s Day as “Divorce Monday.” Of course, many people chalk up this rise in divorce filings to the stress of the holidays or associate the increase in filings with people waiting until after the holidays to file for divorce.  A key issue that many of these people and others filing for divorce don’t often consider is what impact a divorce will have on the soon to be single’s estate plans.

 

During Your Divorce Proceeding

Soon after you, or your spouse, file for divorce your attorney will likely inform you of the Automatic Orders, under 22 NYCRR § 202.16-a. 22 NYCRR § 202.16-a basically provides that, in every matrimonial action after the service of the summons, restrictions are placed on the transfer of the assets of the marriage without the consent of the other party to the divorce or court order. Continue reading The Effect of Divorce on Your Estate Plan

Zoning Isn’t the Only Size Limitation in Historic Districts

An October 2018 New York State Supreme Court, Suffolk County decision setting aside a 2017 Southampton Village Architectural Review and Historic Preservation Board decision approving a nearly 15,000 square foot house on Gin Lane may have considerable impacts on property owners looking to make additions to or replace structures located in any of the East End’s designated historic districts.

Continue reading Zoning Isn’t the Only Size Limitation in Historic Districts

New Pistol Permit Requirements Proposed In New York

A bill authored by Sen. Kevin Parker, D-Brooklyn, would require a background check of an individual’s social media and internet search engine history, when applying for, or renewing his or her pistol permit.

The bill, S9191, mandates pistol permit applicants to consent to an inspection of their social media accounts and search engine history as far as three (3) years back. To accomplish this, applicants would be required to divulge the existence of all of their social media accounts, including their user IDs and passwords.  The bill defines “social media accounts” as Facebook, Snapchat, Twitter, and instagram.”  Meanwhile, “search engines” include Google, Yahoo and Bing.   Continue reading New Pistol Permit Requirements Proposed In New York

Can’t I Just Download These Documents Online? The Pitfalls of Internet Wills

In the age of the internet, with a vast amount of knowledge a few keystrokes away at all times, we are in an unprecedented era of Do It Yourself. We are fortunate enough to live in a world where you can watch a YouTube video to learn how to play guitar or fix your sink, all for free! Invariably, in these Do It Yourself times, I will occasionally be asked if estate planning form documents can be downloaded online. The answer is, obviously, yes. However, Bobby Flay also posts his recipes online, yet for some reason my food never quite comes out as good as his. Continue reading Can’t I Just Download These Documents Online? The Pitfalls of Internet Wills

Domicile: A State Tax Consideration for Snowbirds

In my last article, “Estate Planning for Snowbirds,” I briefly mentioned that for people who divide their time between New York and Florida, an important question is domicile or in which state you are considered a resident. In this article, I will address the tax advantages of being a Florida resident, rather than a New York resident, and the process of becoming a Florida resident, even if you intend to spend significant time in New York each year. Continue reading Domicile: A State Tax Consideration for Snowbirds

Historic New Copyright Act Signed Into Law

The Orrin G. Hatch – Bob Goodlatte Music Modernization Act was enacted by Congress and signed into law on October 11, 2018.

This welcome and significant law was unanimously enacted by Congress after years of effort by many to update music licensing to better facilitate legal licensing of music by digital services. The copyright laws had not kept up with changing consumer preferences and technological developments in music. This new law will benefit songwriters, publishers, artists, record labels, digital services, libraries and the general public.

Continue reading Historic New Copyright Act Signed Into Law