Property Sharks!
Go here
www.propertysharks.com !
This little gem of a site offers the most detailed nationwide property information we've seen in a while. As with any recommendation, we've tested it extensively and found that their data holds up to official property records.
Property Shark reports offer:
A - Overview - to include block, lot, property address(es), corner lot designation
B - Past and Projected Years Market Value
C - Property owner and most recent sale info
D - Property Tax assessments
E - Photos, including aerial imagery
F - Building Permits Issued
G - Title Information
H - Judgment and Lien history
I - School Census
J - Precinct Information, including crime stats
K - Area demographics
L - Known area hazmat maps and much, much more.
The Bulletin does not accept or charge for product or service placement. When we recommend a service or a site, it's because it's been BNI-tested and approved due to its quality information. Property Sharks is a fee-based site, with 6 free reports allowed before signing up.
Lina M. Maini
Editor, The Beacon Bulletin
CEO, Beacon Network Investigations, Inc.
Is Your Tenant Sharing Fairly? Landlord/Tenant Rights and MVAs
This week’s Bulletin focuses on a specific landlord/tenant issue and that being apartment sharing. Understandably, landlords can become upset when the named lessee is not the only resident of the designated apartment. Under NYS Real Property Law §235-f), however, other occupants, as described below, can legally reside with the lessee. (The landlord is entitled however to know the identity of addition post-original occupants within 30 days of their move-in date.) It is also to the legal professional’s advantage to know of all of the occupants of a particular rental property, should it become an issue in a motor vehicle accident matter.
NYS Real Property Law §235-fAPARTMENT SHARING
It is unlawful for a landlord to restrict occupancy of an apartment to the named tenant in the lease or to that tenant and immediate family. When the lease names only one tenant, that tenant may share the apartment with immediate family, one additional occupant and the occupant's dependent children, provided that the tenant or the tenant's spouse occupies the premises as his primary residence.
When the lease names more than one tenant, these tenants may share their apartment with immediate family, and, if one of the tenants named in the lease moves out, that tenant may be replaced with another occupant and the dependent children of the occupant. At least one of the tenants named in the lease or that tenant's spouse must occupy the shared apartment as his or her primary residence.
Tenants must inform their landlords of the name of any occupant within 30 days after the occupant has moved into the apartment or within 30 days of a landlord's request for this information. If the tenant named in the lease moves out, the remaining occupant has no right to continue in occupancy without the landlord's express consent. Landlords may limit the total number of people living in an apartment to comply with legal overcrowding standards. (Real Property Law §235-f)
Note: All liabilities attributable to the lessee may extend to the other tenants of that particular rental unit.
For safety and potential liability issues, it’s important for landlords to know who is occupying their property. Again, for the legal professional, the knowledge of potential additional auto insurance policies at that address may be crucial. BNI has often conducted research into just such requests in MVAs with injuries exceeding one policy's limits.
BNI Investigators: Street smart: Net savvy.
I look forward to any comments you may have or and questions I can answer for you.
Sincerely,
Lina M. Maini
Editor, The Beacon Bulletin
CEO, Beacon Network Investigations, Inc.
Stay One Step Ahead of Your Identity Thief - Part II
As we reported last week, the fastest growing crime in the world today isidentity theft.
This week, in the second and final part of our identity theft coverage, weoffer suggestions to reduce the odds of becoming an identity theft victim:
1. Use a check card, not checks, for public purchases.
2. Have your home mail delivered inside (through a mail slot) instead ofto an outside mailbox. If you have a home office, this is especiallycritical as a shingle advertises to criminals as well.
3. Shred all toss away mail containing personal information (i.e. SocialSecurity number, mortgage data, account numbers...).
4. Check your credit status on a regular basis. (Federal law allows forone free annual consumer credit agency report. There are select serviceproviders, generally affiliated with your banking cards, that offer creditmonitoring on a monthly basis. Fees vary on selected ancillary services;the average charge is $9.95 per month.) Said monitoring will report backcredit provider initiated queries during that 30-day period.
5. Perform thorough employee background checks. (BNI's investigativeexperience has been that identity thefts are far more often committed byknown persons than by strangers.)
While there are no fool proof security measures to ensure one won't becomean identity thief's target, limiting exposure and knowing who is aroundyou can go a long way towards protecting your information and that of yourclients.
Sincerely,
Lina M. Maini
Editor, The Beacon Bulletin
CEO, Beacon Network Investigations, Inc.
Your Phone Number - Gateway to Your Checkbook: Identity Theft, Part I
The fastest growing crime in the world today is identity theft. This is a familiar statistic but very few people truly grasp their vulnerability to this crime. Victims of identity theft can lose job or business opportunities, be refused loans for education, housing, or cars, and even get arrested for crimes they didn't commit.
After initial trepidation and a general principles discourse with our staff, I decided to print a basically uncensored version of an identity theft exercise BNI conducted recently in a Midtown client's offices. It is my opinion that, at times, stark reality, rather than nuanced language, better conveys the urgency of potential injury that a crime may have on one.
The very real and live in-house demonstration illustrated the relative ease with which identity thieves can operate today. The objective was to obtain a credit card in the client-volunteered control "victim's" name within two weeks - without the victim's (even passive) participation or awareness. The audience present during this exercise followed its progress to its conclusion.
The general population's perception is that an identity thief's M.O. is to simply obtain a victim's information, apply and receive credit cards in the victim's name. Today's i.d. thieves are much more subtlety proactive. They understand that if the credit card offers come to them, that, in a sense, they have been pre-qualified and the process is exponentially easier and quicker than the conventional apply and wait approach.
The first step in our live exercise was to obtain a bill or invoice in the victim's name. We opted to go for new cell phone service.
The subject provided BNI operatives with no information. (Well, we knew his name.) While I obviously will not go into exact detail, we were able to easily obtain his driver's license and Social Security numbers (outlined in previous Bulletins). Heads-Up Tips: 1. The DMV only truncates the final digit of a driver's license number and a "1" is not used. 2. By law, information providers must truncate the last 4 SSN digits - on the primary subject. A background check report will generally yield the subject's relatives and their full SSNs. 3. Many information brokers are based out of country and are not subject (nor do they lend themselves) to US federal privacy and communications rules and regulations.
Armed with the victim's personal information, our next step was to locate a cell phone service provider online.
The majority of identity theft criminals are very astute observers of human nature. They realize that a popular consumer offer will drive site and caller traffic and potentially overwhelm sales staff. While as state, next step would have been to locate a current offer on cell service provider sites, even that became unnecessary as, upon sign-on, we were greeted by a pop-up ad for cell service and a free phone!
We called the advertising cell service provider.
The sales agent was friendly but as anticipated, quite busy, clipping through the application process.
We provided the subject’s name, driver's license and Social Security numbers and home address home but directed a different billing address. All information provided was verified, cross-referenced and given the green light by the agent. She only questioned our female investigator re: her gender as the Social Security number related to a male. Advised that it was for a relative with a language barrier issue, the sales agent stated she needed to speak with the "customer" just to get a "yes" from him. She advised that that was the sole requirement. The agent directed our investigator, still under guise of course, to initiate a three-way call (a standard cell phone feature today) and all that would literally be necessary was the word "yes" from the "customer". Our investigator placed the sales agent on hold, called her partner across the room and connected the calls.
Agent: "Mr. X, do you authorize ABC Co. to provide you with a free Razr phone with a two-year commitment to our service?"
"New Customer": "Yes".
A cell phone number was issued within the hour; the Razr phone received and put into use the next day and the following week, credit card offers began pouring in - to the billing address. In most instances, a successful transaction was merely a matter of remitting a 60-second online acceptance form.
So the bottom line is, everyone and anyone can become an identity theft victim. Current federal regulation requires the three major consumer agencies, Equifax, Experian and TransUnion to provide only one free annual credit report per person, upon consumer request. Perhaps providing real time instant online access to one's credit report is a concept whose time has arrived.
In the meantime, we need to maintain personal vigilance of our credit standing. BNI provides the below contact information regarding identity theft prevention, maintenance and resolution:
Equifax: 1-800-525-6285;
www.equifax.com; P.O. Box 740241, Atlanta, GA 30374- 0241
Experian: 1-888-EXPERIAN (397-3742);
http://www.experian.com/; P.O. Box 9532, Allen, TX 75013
TransUnion: 1-800-680-7289;
http://www.transunion.com/; Fraud Victim Assistance Division, P.O. Box 6790, Fullerton, CA 92834-6790
Lina M. Maini
Editor, The Beacon Bulletin
CEO, Beacon Network Investigations, Inc.
Down A Slippery Slope: The Scaffold Law
Fact: 65% of the construction industry works on scaffolds, lifts, hoists or ladders.
The past several weeks have brought tragic news to New Yorkers in the number of scaffold deaths and serious injuries occurring within the State. Simultaneously, there has been heightened political pressure to change the "Scaffold Law". Its opponents feel its broad interpretation by the New York courts has caused harm to the construction industry as a whole, in the form of the dramatic insurance cost increases which come with greater exposure to liability.
New York Labor Law Section 240New York Labor Law section 240, often called the "Scaffold Law," was designed to protect construction workers from the extraordinary risks they face in working on and around scaffolds and other lift devices at construction sites. Section 240 imposes absolute liability on contractors and work site owners who neglect to provide adequate safety regulations and devices to protect workers from falls and falling objects.
"Absolute liability" in this context means that under New York Labor Law section 240, a given defendant need not have actually employed the injured worker, and legal liability for the injury can extend to both general contractors and property owners under certain circumstances. In addition, some New York court decisions suggest that a claim under section 240 may not be defeated by the injured worker's own lack of care or negligence that may have contributed to their injury.
OSHA Scaffold Regulations
Every employer, supervisor, and worker involved in work from scaffolds must comply with OSHA regulations as to, among other considerations, construction and inspection:
· Design & ConstructionThe design and construction of scaffolds must conform to OSHA requirements concerning type of equipment, rated capacities, construction methods, and use. Each scaffold and scaffold component must be capable of supporting its own weight plus at least four times the maximum intended load without failure. Each suspension rope must be capable of supporting at least six times the maximum intended load.
· InspectionEmployers should require a competent person to inspect all scaffolds and scaffold components for visible defects before use on each work shift. Scaffolds should be erected, moved, dismantled, or altered only under the supervision of a competent person. All components of personal fall protection equipment (including body belts or harnesses, lanyards, droplines, trolley lines, and points of anchorage) should be inspected by a competent person before use. Any visibly damaged or worn equipment should be removed from service immediately. In conducting a work site investigation, it is critical to gather evidence and witness testimony as quickly as possible after an incident has occurred.
Having performed numerous work site investigations, BNI has developed the below checklist used specifically in a construction scaffold injury matter:
1. Injured party's personal information: - Name, SSN, DOB, current address, current phone numbers, (2) emergency contacts
2. Work Information: Employer, other contractors on site, supervisor, coworkers names, job description, specific job assigned on D/L, D/L time line, equipment on site, equipment directly used by the injured party, safety equipment availability and that which used by plaintiff, equipment provider or was it self purchased, clothing/shoes worn by plaintiff.
3. Additional Information Required: Pay stubs, union affiliations, inter-company accident reports, OSHA filings and history with employer, witnesses' information, prior related accident/injuries.
Stay tuned as the Scaffold Law wars heat up.
Feel welcome to give BNI's skilled investigators a call should you have any questions or comments regarding on-site injury investigations.
Lina M. Maini
Editor, The Beacon Bulletin
CEO, Beacon Network Investigations, Inc.
The Pedal Was Stuck, I Swear: Defective Product Cases
Oftentimes when people get into accidents that involve defective products, they are injured and shocked and delay filing a case. While it is certainly understandable that certain personal injuries can cause a filing delay, one just needs to remember that the company one plans to sue is already one, if not two, steps ahead.
A crucial factor in a product liability case is the preservation of evidence. To secure the evidence in this type of matter, we've established the below checklist.
- If the malfunctioning product is not already owned by the injured party, offer to purchase it. (The cost of a wrecked Jeep is relatively inexpensive compared to a successful product liability case.)
- Once one has gained ownership of the defective product, it should be locked in a secure facility that the plaintiff or her attorney controls. (Many major manufacturers have the newspapers carefully scanned and whenever possible secure evidence to deny plaintiff ability to pursue claims.)
- If evidence can not be bought, at minimum, put everyone on notice, including owners, tow trucks, police impounds and the like that they must take important steps to preserve the evidence and that failure to do so will subject them to being sued.
- If the evidence is in possession by a third party or anticipated defendant, immediately file for a temporary restraining order and a preliminary injunction to avoid alterations or destructive testing.
Special handling: Defective paper product (i.e. melted hot beverage paper cup)
Plastic destroys evidence. Also avoid light, heat and moisture. Store the defective paper product in a paper bag. Maintain in a cool, low light secure location with steady temperature and relative humidity.
The following investigative steps should then be taken:
A. Obtain a complete product history..
- date of the original sale
- identity of the dealer, distributor, subsequent purchasers, lessees and users.
- locate the instruction booklet, assembly booklet, warranties and all other written material that accompanied the new product at the time of the original sale and distribution.
- determine whether the article was modified or otherwise changed after it left the possession of the manufacturer and distributor and, if so, the identity of the persons or entities which made the modification and the dates involved.
B. Obtain basic background details.
- complete description of the article, the manufacturer, distributor and sources of all component parts and
- obtain all written materials pertaining to the product; advertising brochures, instruction booklets, technical data, parts manuals, repair manuals, operating manuals, catalogs, technical and lay advertisements, blueprints and diagrams of the article and component parts.
BNI has conducted numerous product liability cases and is experienced in identifying and locating the information on a defective product necessary to result in a successful product liability case.
I look forward to any comments you may have or and questions I can answer for you.
Sincerely,
Lina M. Maini
Editor, The Beacon Bulletin
CEO, Beacon Network Investigations, Inc.
