I Heard That Tenants Might Not Have to Pay Rent During the Coronavirus shutdown. Is this True?
Yes – Under a proposed1 New York State Law, all residential tenants who qualify will have their rent payments suspended for the 90 days following the effective date of the new law. That means that you do not have to pay your rent if you qualify. While this is not passed into law yet [see footnote below], it probably will be by April 1, so if you qualify – HOLD OFF ON PAYING YOUR APRIL RENT!
I Rent an Apartment or Part of a House Where I Live. How Do I Qualify for This?
If you have lost income as a result of Stay in Place order, you qualify. This is meant to include everyone who has been laid off or has had their hours cut because of the Coronavirus restrictions, which has happened to millions of people. Landlords will depend on people not knowing this, and many will deny that it’s true, but if you qualify, you can “Just Say No to the landlord” just like Nancy Reagan used to say to drugs.
How Much Income Do I Have to Lose to Qualify for This?
The law, as currently proposed, includes anyone who has suffered any loss of income. Although no one knows how this will shake out yet, almost any loss of income will probably be presumed to be from the Coronavirus restrictions unless proven otherwise.
If My Rent is Forgiven, Will I Have to Pay it After the Coronavirus Pandemic is Over?
No. You will never have to pay it, you cannot be evicted for not paying it, you will not have to pay any late fees or other fess connected with it, and if your lease expires during this period, the landlord has to give you a new lease at the same rent.
Will My Landlord Get Stuck for This?
Your landlord will not have to pay the mortgage on whatever part of the property cannot collect rent due to this law. There is formula in the law to figure out how much of a break the landlord will get.
 The bill (A10224A/S8125) has already passed the Assembly and Senate, and the Governor is expected to sign it into law right away. Be aware that the bill might be subject to changes before it is passed.
Author: Pyrros & Serres LLP
Under the New York workers’ compensation laws, there are two requirements to recover workers’ compensation benefits—you must prove that you were injured and that the injury was work-related (sustained while you were in the course of your employment). Here are some of the questions we are frequently asked about pertaining to whether an accident was work-related.
Q: Can I recover workers’ compensation benefits if I was injured while on a break at work?
A: Under state and federal labor laws, you are entitled to periodic breaks, including meal breaks, based on the number of hours you work. As a general rule, if you are on a meal break or regularly scheduled break, and you remain on company property (in the cafeteria, break room or other location), you will still be eligible for workers’ compensation for any injuries suffered. However, if you leave company premises to go on a meal break, you won’t be able to collect workers’ compensation benefits for injuries suffered on the break, unless you went at the request of your employer or were on a work-related errand.
Q: Does the injury have to occur on company premises?
A: Not necessarily. If your employer requires that you travel for work, whether it’s part of your daily regimen or you are attending a conference, workshop or meeting, you can recover workers’ compensation benefits, provided you weren’t involved in a personal endeavor at the time of the injury. As a general rule, there’s no coverage for injuries sustained on your commute to or from work, unless you deviated from your normal route to perform a work-related task.
Q: What if I am hurt at the company golf outing?
A: As a general rule, if you are injured at any type of company-sponsored event, whether it’s a business meeting, a team-building exercise, or pure entertainment, you have a right to seek workers’ compensation benefits for your losses. There are exceptions, though. For example, if you engage in horseplay or consume too much alcohol, you may not be covered. However, if the company provided or encouraged the use of alcohol, there may still be liability.
Q: Can I recover workers’ compensation if I was partially responsible for my injuries?
A: That depends. The workers’ compensation laws are based on the legal concept of “no fault,” meaning that there’s no requirement to show that your employer was negligent in order to recover benefits. Because of that principle, it rarely matters whether you were careless—you will still be entitled to benefits. However, if your actions were in clear violation of company policies, or if it can be shown that your injuries were intentionally self-inflicted, your claim may be denied.
Effective Workers’ Compensation Lawyers in Queens, New York
At Pyrros & Serres, we bring more than 50 years of combined workers’ compensation experience to clients throughout Queens and across the greater New York City area. We place a premium on personal service and attention, taking the time to learn the specific details of your case, so that we can tailor our efforts to get the outcome you seek. Because of our longstanding record of hard work and success, we receive many of our new cases as referrals from doctors, lawyers and satisfied clients.
We take all types of work-related injury claims, including cases involving:
Traumatic Brain Injury (TBI) | Fractures | Burns | Paralysis | Spinal Cord Injury | Permanent Scarring or Disfigurement | Amputation or Loss of Limb | Hip, Leg, Foot and Toe Injury | Hearing or Vision Loss | Back and Neck Injury | Shoulder, Arm, Hand and Finger Injury | Accidental or Wrongful Death | Occupational Disease or Illness
For more information about the services we provide, see our practice area overview page.
Pyrros & Serres LLP
Workers’ Compensation Attorneys—Queens, New York
Previously published 2018
I Need to Settle an Estate in New York. Now what?
Author: Law Offices of Bonnie Lawston
If you are named executor or administrator of an estate in New York, where you live does not matter. All you need to do is hire an experienced attorney who is licensed to practice in New York to help you settle the estate.
The many channels of communication available today allow your attorney not only to send documents via regular mail, but also to expedite paperwork through faxing, scanning and emailing estate documents. You will find that carrying out your fiduciary responsibilities may be easier than you imagined, whether you are in another state or in another country.
Attorneys who handle wills, trusts and estate administration have a reliable network of contacts, from appraisers, auctioneers and house cleaners to contractors and real estate agents, who can assist in preparing real property and other assets for sale. Once the sale of estate property is finalized, your attorney will settle debts and arrange distribution to beneficiaries.
For many people, acting as an executor of an estate is often a new experience. A common question is, “Will I have out of pocket expenses to settle an estate?” Most law firms that handle probate, estate and trust administration offer a variety of retainer options for legal services. In addition to an hourly rate retainer arrangement, if you and the estate meet certain criteria, your attorney may agree to payment for legal services upon the sale of the home, the collection of assets or closure of the estate, prior to distribution of the inheritance.
If a loved one passed away in New York State or had assets in New York, call the Long Island Law Offices of Bonnie Lawston (631) 425-7299. Visit our website
Repost: Original post April 2011
If you are an executor of an estate or an administrator of a trust, you are considered a fiduciary. In either position you are required by law to ethically fulfill your fiduciary duties which are:
- Impartiality—not favoring one party over the other.
- Undivided loyalty—not conflicting your own interests with the interests of the parties of the trust, will or estate.
- To administer the trust, will or estate faithfully with care and good sense.
If you fail to carry out your fiduciary duties properly you could find yourself facing a lawsuit over breach of fiduciary duty.
You can be held personally liable for breach of fiduciary duty
Being an executor or administrator of a trust, will, or estate is a serious responsibility and failures to ethically carry out your duties can land you in hot water. In the event of a breach you can be held personally liable to the damaged party and possibly charged criminally. So it is vital to keep thorough records and document all income and expenses relative to the estate.
Actions that could get you in trouble as a fiduciary include:
- Investing estate funds in a venture in which you have a financial interest
- Commingling your funds with the funds of the estate
- Conflicts of interest
- Making risky investments
- Arbitrary decisions about distributions to beneficiaries or payments to creditors
Talk to an estate attorney about your fiduciary duties today
Properly navigating the duties of a fiduciary can be complex and confusing and often requires the help of an experienced Long Island estate attorney. The Law Offices of Bonnie Lawston has successfully helped clients with breach of fiduciary claims such as:
mismanagement or misappropriation of assets
failure to account, fraud, conflicts of interest
failure to distribute assets
improper distribution of assets, and other claims.
If you have questions about how to fulfill your fiduciary duties contact our office online or call (877) 581-8498 today.
Previously posted in 2014
Author: Pyrros & Serres LLP
Astoria, New York Workers Compensation Attorneys
Job-Related Injury | Occupational Illness or Disease | Repetitive Stress or Motion Injuries | Temporary or Permanent Disability | Partial or Total Disability | Workplace Trauma
If you’ve been hurt on the job in New York, you have a right to pursue workers’ compensation benefits to cover lost wages and medical expenses. Don’t expect your employer to make it easy for you, though. The company has a vested interest in minimizing or avoiding payment workers’ compensation benefits and their workers’ compensation insurance providers will often engage in tactics to delay, deny or minimize your claim. The attorneys at Pyrros & Serres LLP can help. Read More
Proven Long Island City/Astoria Workers’ Compensation Law Firm
At Pyrros & Serres LLP, we take an individualized approach to every case. We take the time to learn exactly what happened in your case, and what you need to move forward. We’ll gather all relevant medical evidence and obtain evidence from all witnesses. Read More
We provide comprehensive counsel to people who have suffered any type of injury at work, including:
Back and Neck Injury | Shoulder, Arm, Hand and Finger Injury | Hip, Leg, Foot and Toe Injury| Burns | Fractures | Paralysis | Traumatic Brain Injury (TBI) | Spinal Cord Injury | Permanent Scarring or Disfigurement | Amputation or Loss of Limb | Hearing or Vision Loss | Accidental Death |Occupational Illness
Pyrros & Serres LLP
Workers’ Compensation Attorneys in Astoria