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A06375 Summary:

BILL NOA06375A
 
SAME ASSAME AS S02929-B
 
SPONSORPerry
 
COSPNSR
 
MLTSPNSR
 
 
Relates to designating certain zip codes as cease and desist zones; directs the secretary of state to designate certain zip codes in Brooklyn as cease and desist zones.
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A06375 Actions:

BILL NOA06375A
 
03/16/2021referred to judiciary
06/04/2021amend and recommit to judiciary
06/04/2021print number 6375a
06/09/2021reference changed to ways and means
06/10/2021reported referred to rules
06/10/2021reported
06/10/2021rules report cal.791
06/10/2021substituted by s2929b
 S02929 AMEND=B PARKER
 01/26/2021REFERRED TO JUDICIARY
 02/25/2021AMEND (T) AND RECOMMIT TO JUDICIARY
 02/25/2021PRINT NUMBER 2929A
 03/09/20211ST REPORT CAL.526
 03/10/20212ND REPORT CAL.
 03/11/2021ADVANCED TO THIRD READING
 03/31/2021PASSED SENATE
 03/31/2021DELIVERED TO ASSEMBLY
 03/31/2021referred to judiciary
 06/07/2021RECALLED FROM ASSEMBLY
 06/07/2021returned to senate
 06/07/2021VOTE RECONSIDERED - RESTORED TO THIRD READING
 06/07/2021AMENDED ON THIRD READING 2929B
 06/10/2021REPASSED SENATE
 06/10/2021RETURNED TO ASSEMBLY
 06/10/2021referred to ways and means
 06/10/2021substituted for a6375a
 06/10/2021ordered to third reading rules cal.791
 06/10/2021passed assembly
 06/10/2021returned to senate
 10/27/2021DELIVERED TO GOVERNOR
 11/07/2021SIGNED CHAP.581
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A06375 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6375--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 16, 2021
                                       ___________
 
        Introduced  by M. of A. PERRY -- read once and referred to the Committee
          on Judiciary -- committee discharged, bill amended, ordered  reprinted
          as amended and recommitted to said committee
 
        AN  ACT  in  relation  to designating Kings County as a cease and desist
          zone

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.    Legislative  findings.  To  curb aggressive real estate
     2  solicitation practices, the legislature enabled the secretary  of  state
     3  to  create  "cease  and  desist  zones"  if  owners within the zone "are
     4  subject to intense and repeated solicitation" to  place  their  property
     5  for  sale.  A homeowner within a cease and desist zone may file a state-
     6  ment with the secretary of state requesting placement  on  a  cease  and
     7  desist list. No real estate broker, salesperson or other person regular-
     8  ly  engaged  in  the trade or business of buying and selling real estate
     9  may solicit a listing from an owner placed on the cease and desist list.
    10    The cease and desist program is a valuable tool  for  homeowners  that
    11  are inundated with solicitations for their home, and it has been a prov-
    12  en  success  in  cease and desist zones in the counties of Queens, Bronx
    13  and Rockland.
    14    In many neighborhoods in Kings County, long-time homeowners have  been
    15  the  subject  of increasingly aggressive real estate solicitation, espe-
    16  cially in neighborhoods experiencing rapid gentrification.    Solicitors
    17  often  use shady or illegal tactics to confuse or manipulate homeowners.
    18  Many homeowners have also been the victims of  deed  theft,  unknowingly
    19  signing away their home and most valuable asset. Unfortunately, existing
    20  statutory  framework  for  establishing a cease and desist zone in these
    21  neighborhoods is not working fast enough to protect homeowners in Brook-
    22  lyn.
    23    The legislature hereby finds and declares  that  due  to  intense  and
    24  repeated  solicitation  of  owners  of residential real property by real
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05476-06-1

        A. 6375--A                          2
 
     1  estate brokers, real estate salespersons, and  other  persons  regularly
     2  engaged  in the trade or business of buying and selling real estate, the
     3  rapid establishment of a cease and desist zone  is  necessary  in  Kings
     4  County.
     5    § 2.  Notwithstanding any other law, rule or regulation to the contra-
     6  ry,  in  accordance  with  section  442-h  of the real property law, the
     7  secretary of state shall conduct a public hearing and reasonable  inves-
     8  tigation  of  intense and repeated solicitation of owners of residential
     9  real property in the county of Kings within ninety days of the effective
    10  date of this act.  If, after such public hearing and reasonable investi-
    11  gation, the secretary of state finds that  owners  of  residential  real
    12  property  within  the  county  of  Kings, or any defined geographic area
    13  therein are subject to intense and repeated solicitations by real estate
    14  brokers and salespersons to place their property for sale with such real
    15  estate brokers or salespersons, or otherwise to sell their property, the
    16  secretary of state shall adopt a rule in accordance with  subdivision  3
    17  of  section  442-h  of  the  real  property law establishing a cease and
    18  desist zone for the county of Kings, or  any  defined  geographic  areas
    19  therein  subjected  to such intense and repeated solicitations. The rule
    20  establishing such cease and desist zone shall be  effective  for  up  to
    21  five  years,  provided  the  secretary of state may re-adopt the rule to
    22  continue the cease and desist zone pursuant to paragraph (c) of subdivi-
    23  sion 3 of section 442-h of the real property law.
    24    § 3. If, within one year of this act, the secretary of state does  not
    25  establish  a cease and desist zone in the county of Kings, the secretary
    26  of state shall prepare and submit to the governor, the temporary  presi-
    27  dent  of the senate, the speaker of the assembly, the minority leader of
    28  the senate and the minority leader of the assembly a  report  containing
    29  the detailed findings of the public hearing and investigation.
    30    § 4. This act shall take effect immediately.
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