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MARCUS, ERRICO, EMMER & BROOKS, P.C.
Massachusetts - New Hampshire - Rhode Island
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Representing Over 3,500 Condominium Associations...One Association at a Time |
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Condominium-Apartment Insider
February 2012
Issue No. 33 |
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FOR MORE CONDOMINIUM NEWS |
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For Questions or Comments or if you would like to add our newsletter to your website, please let us know at law@meeb.com. |
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FORECLOSURE CRISIS IS ENSNARING COMMUNITY ASSOCIATIONS
The law of unintended consequences is playing out big time for Massachusetts condominiums.
Much has been written here and elsewhere about the unintended - and certainly unanticipated - consequences of the Federal Housing Administration's new underwriting requirements for condominium loans, which have made it considerably more difficult to buy, sell or refinance condominiums. Less widely recognized, but equally dramatic in their impact, is a trio of Massachusetts court decisions that have tied an already badly gnarled foreclosure process into tighter and more complicated knots.
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NEW CORI REQUESTS TO TAKE EFFECT MAY, 2012
In August 2010, Massachusetts enacted a statute that set in motion two waves of reform in the state's Criminal Offender Record Information ("CORI") system.1 Employers already have had at least fifteen months to adjust to the "ban the box" reform that became effective in November 2010. See M.G.L. c. 151B, §4(9½) (amending the Massachusetts Fair Employment Practices Act to bar requests for criminal offender information on initial written employment applications, unless a statutory exception applies). The second wave of CORI reforms is scheduled to take effect on May 4, 2012, however.2 One implication of this is that employers need to be preparing for the new rules now. Highlights of the new CORI system from an employer's standpoint will include the following.
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TRANSGENDER DISCRIMINATION PROTECTION BECOMES LAW IN MASSACHUSETTS
On November 23, 2011, the Governor signed into law Chapter 199 of the Acts of 2011, adding "gender identity" as a protected class under the Commonwealth's non-discrimination laws. Gender identity is defined as "a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth."
Under the law, gender-related identity may be shown by providing evidence including, but not limited to, "medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity, or any other evidence that the gender-related identity is sincerely held as part of a person's core identity."
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MARCUS, ERRICO, EMMER & BROOKS, P.C.
45 Braintree Hill Office Park, Suite 107
Braintree, Massachusetts 02184
781-843-5000 /meeb.com
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