More COVID-19 Scams - And What to Do if You Suspect One

We’re all doing what we can to work our way through the coronavirus crisis. While most of us focused on working through these crazy times as best as we can, there are unscrupulous people out there intent on taking advantage of whoever they can, whenever and wherever they can.

The FBI has issued three press releases describing three different COVID-19 frauds. Here are the links:

•  https://www.fbi.gov/news/pressrel/press-releases/fbi-warns-of-advance-fee-and-bec-schemes-related-to-procurement-of-ppe-and-other-supplies-during-covid-19-pandemic

• https://www.fbi.gov/news/pressrel/press-releases/fbi-expects-a-rise-in-scams-involving-cryptocurrency-related-to-the-covid-19-pandemic

• https://www.fbi.gov/news/pressrel/press-releases/fbi-warns-of-emerging-health-care-fraud-schemes-related-to-covid-19-pandemic

If you suspect that you or someone you know has been the victim of a covid-19 related fraud – or attempted fraud – or if you have information about unlawful hoarding or price gouging, you can:

·       Contact the National Center for Disaster Fraud hotline at 866-720-5721 or via email at disaster@leo.gov

·       Report it to the FBI’s Internet Crime Complaint Center at ic3.gov

·       Contact your local FBI field office or submit a tip online at tips.fbi.gov

Roger A. Levy Esq.
Levy & Nau P.C. | attorneys at law
www.Levy.Law

COVID-19 Tax Scams

From my friends at the FBI:

The Internal Revenue Service urges U.S. taxpayers to beware of telephone calls and email phishing attempts regarding COVID-19. These can lead to tax-related fraud and identity theft. Taxpayers should also look out for suspicious websites, text messages, and social media messages that request money or personal information.

Actions to Take:

• Forward unsolicited emails, text messages, or social media attempts to gather information that appear to be from either the IRS or an organization closely linked to the IRS, such as the Electronic Federal Tax Payment System (EFTPS), to phishing@irs.gov
• Do not engage potential scammers online or on the phone. Learn more about reporting suspected scams by going to the Report Phishing and Online Scams page at www.irs.gov
• Find official IRS information about the COVID-19 pandemic and economic impact payments at https://www.irs.gov/coronavirus-tax-relief-and-economic-impact-payments

The Internal Revenue Service also released a new tool that allows individuals to check the status of their Economic Impact Payments. For more information, please see the Internal Revenue Service’s website.

Wills in the Age of Pandemic

As I sit at my computer, on day 29 of operating the law practice remotely, I hope that our extended family of clients, associates and their loved ones are making it OK through these uniquely trying times. I know, though, that not everyone is. People are dying. Judges I've appeared before have passed awat after contracting covid-19. Court personnel I see on a regular basis have fallen ill. But I know we will get through this.

I've been thinking about wills. I've revised my own. Do you have one? You should. No matter what degree of wealth you have, it is worth preserving on your own terms - not the government's terms. A will is one way to do that, either by itself or together with other estate planning tools such as trusts.

Wills must be witnessed in a specific way in order to be valid. Before the pandemic, we would gather a client, three witnesses and a notary together in our conference room for this purpose. That's impossible now, and may be difficult to pull off for some time even after we are allowed to re-open our office. Social distancing is here to stay for some time to come.

People still need wills, however. Fortunately, there is a solution. A temporary amendment to state law allows documents to be notarized remotely. You can sign a will or other document in one location while the notary is in another room, another city, or anywhere else on the planet. We can notarize documents - temporarily - using video conference technology. You don't need anything more than a smartphone at each end - and almost everyone has one of those.

What about the witnesses? Fortunately, the law concerning the witnessing of wills needed no temporary amendment. The answer is built right into section 3-2.1 of the Estates, Powers and Trusts law of New York State.The key is that the witnesses don't actually have to see you sign the will. They can, if everyone is in on a video conference. But even absent a video conference, you can send each witness a copy of your will - signed by you - and then get each witness on the phone and declare to them that the document they are holding is your will, signed by you, intended by you to be your last will and testament. Each witness can then sign their witness affidavit and send it back to us - your attorney - and now you have a valid will that meets the formal requirements of the law.

So stay healthy, stay six feet or more away from everyone in public - but think about your will - unless you're OK with the government telling you who gets your stuff in the end.

Roger A. Levy Esq.
Levy & Nau | attorneys at law
www.Levy.Law

What to do if NYC inspectors demand access to your property

Do you have to allow DOB, DHCR, etc. access to your building?

The answer is No IF they don’t have a warrant, BUT:

·        DOB will issue a summons for access. HPD and ECB usually gain access from the tenant

·        Even if you don’t see a warrant, be careful about being hostile toward inspectors.

·        IF DOB is seeking access for an inspection, you are sure to be issued violations. If you refuse access to cure those violations, you'll need to provide access to cure the violations, and once they gain access they will retaliate and issue you even more, and more expensive violations - and DOB is not cheap.

·        If ECB is seeking access to inspect, the same advice applies. You'll get a violation, and to clear it up you will have to provide access – and it will cost you plenty to settle the violation.

·        HPD will take you to court. It will cost you in attorney fees, followed by a possible civil penalty to settle the case.

·        DHCR only comes out when a tenant files a complaint, so access will be provided by the tenant eventually.

·        When DHCR wants access, they will get a court order. If you don't provide access after a violation is written for access, they will get a court order - there are judges whose job is just to sign court orders for access.

This information was derived from www.LandlordsNY.com, an excellent forum for owners of residential real estate in New York City.