Author Archives: Friedman & Ranzenhofer

New York Burial Rights Law

New York State law allows you to control the disposition of your remains by designating a person to carry out your wishes. Although you can state your wishes in your Will, the Will might not even be read or opened until after the funeral services. The form for the appointment of an agent to make […]

Free Rochester And WNY Legal Services

So you need legal assistance and can’t afford it? Then here’s a list of WNY legal resources where the service they provide is at little or no cost. Client Advocacy Service (716) 886-1242 A public interest legal advocacy center providing civil legal representation to mental health clients 18 years and  older for Social Security Disability […]

Landlord Has No Duty To Mitigate

The tenant vacated his apartment before the lease expired and stopped paying rent. The landlord unsuccessfully tried re-renting the apartment and decided to sell the unit, keeping it vacant to make it more marketable. The landlord later sued the tenant for the unpaid rent for the entire lease term.Landlords no longer have a duty to […]

Nursing Home Verdicts

These are recent verdicts for residents against nursing homes for deaths and injuries: Undetected gastrointestinal bleeding led to resident death (Bernalillo County, New Mexico District Court, $54,000,000).  93-year-old resident choked to death after nurse’s aide gave him the wrong meal (Waterbury County, Connecticut Superior Court, $3,400,000). Resident suffering from dementia drank lye that was left […]

New Lead Paint Rules For Renovations

Contractors or landlords are required to have tenants sign a PRE-RENOVATION DISCLOSURE FORM  beginning December 22, 2008  which indicates that the tenant has received the EPA’s RENOVATE RIGHT: IMPORTANT LEAD HAZARD INFORMATION FOR FAMILIES, CHILD CARE PROVIDERS, AND SCHOOLS  lead hazard information pamphlet before starting  renovation of residential buildings built before 1978. This pamphlet must […]

New “Due on Sale” Law

State-chartered banks may no longer exercise residential mortgage “due on sale” clauses upon the borrower’s death or inter-family transfers. A mortgage “due on sale” clause requires that the borrower pay the full balance of a mortgage when the property is sold. Federal law prohibits federally-chartered banks from treating property transfers between family members as a […]

New Reverse Mortgage Law

The Housing and Economic Recovery Act of 2008 made changes to reverse mortgages effective October 1, 2008, including higher borrowing limits and protections from aggressive marketing. A homeowner who is at least 62 years old can use a reverse mortgage hometo access home equity to obtain a loan that does not have to be repaid […]

Do Granite Countertops Emit Radon Gas?

Rumors have been circulating recently that granite — the popular kitchen countertop material — emits radon gas. Radon is an odorless, colorless gas created from the natural breakdown of uranium in rocks and soil. It is radioactive and at high concentrations with prolonged exposure, has been linked to lung cancer. The principal source of radon […]