Tag Archives: new york laws

Blog, Civil Rights, Family, Legal News, Supreme Court

New York Women Can Now Get Legal Late-Term Abortions in More Cases

By Christina Cauterucci

New York medical practitioners can now provide abortions after 24 weeks of gestation in more cases, thanks to an opinion released by Attorney General Eric T. Schneiderman on Wednesday. In response to a query from the state comptroller’s office, Schneiderman wrote that the state’s current abortion law runs counter to Supreme Court rulings by criminalizing abortions after 24 weeks of pregnancy except to save the pregnant woman’s life.

Drawing from multiple Supreme Court decisions, the opinion concludes that, to stay within constitutional lines, New York must also make exceptions to the 24-week limit if the pregnant woman’s health is at risk and if the fetus becomes unviable. The state law, passed in 1970, will remain in effect until the state legislature decides to ax it, but the New York Times reports that Schneiderman’s opinion will allow hospitals and other abortion providers to perform late-term abortions without fear of prosecution.

 An OB/GYN at the NewYork-Presbyterian Hospital/Weill Cornell Medical Center told the Times that hospitals have previously had to seek wisdom from ethics committees and sometimes wait until a pregnant woman’s health got so bad that her life was definitely at risk, just to give doctors “institutional cover to do what we thought was right all along.” Legislation proposed in 2013 would have modified the state’s abortion law to fit with court precedent, but Republicans in the state legislature blocked it.
Full Article – http://www.slate.com/blogs/xx_factor/2016/09/09/new_york_women_can_now_get_legal_late_term_abortions_in_more_cases.html
Blog, Business Law, Legal News, Supreme Court

Airbnb threatens to sue New York if governor signs new law curtailing its service

Airbnb says a bill that would outlaw advertising short-term rentals on its platform in New York is unconstitutional and is threatening to sue the state if Governor Andrew Cuomo signs it into law.

Airbnb has been fighting an uphill battle for legal status in New York, which prohibits landlords and homeowners from renting out apartments for less than 30 days at a time. The bill to prevent advertising these rentals would essentially cripple the company’s operations in New York, which is among its most lucrative markets.

In a letter to Cuomo and other state leaders, Airbnb outlines the legal action it says it would be forced take should the governor sign the bill, AB 8704-C, into law. “As this unlawful bill would impose real harm on our community, out of respect for the process and to inform your considerations, we want to formally notify the State that if it is signed into law by Governor Cuomo, Airbnb would have no choice but to immediately file suit against the State of New York and ask a court to declare the statute invalid and unenforceable as well as to award any damages and fees as appropriate,” Rob Chesnut, general counsel of Airbnb, writes in the letter.

“AIRBNB WANTS TO BE CLEAR THAT IT DOES SO MORE IN SADNESS THAN IN ANGER”

Chesnut adds, “In making such a formal notification, Airbnb wants to be clear that it does so more in sadness than in anger, as the company believes that there are clearly available lawful alternative legislative options to meet legitimate policy objectives while still protecting the right of everyday New Yorkers to share the homes they live in order to help make ends meet.”

Airbnb has been accused of exacerbating New York’s housing crisis by housing advocates, the state’s powerful hotel union, and members of the state legislature and New York City Council. Some unscrupulous landlords have been known to push out their tenants, many of them low-income, so they can turn their apartments into illegal hotels, which they advertise on Airbnb.

Last year, the New York attorney general released a report that found that from 2010 through early June of 2014, $168.3 million, or 37 percent percent of revenue generated by Airbnb hosts, came from hosts with three or more listings.

Full Article – http://www.theverge.com/2016/9/7/12834606/airbnb-threatens-lawsuit-new-york-governor-cuomo-law