Relates to designating a cease and desist zone in counties experiencing significant displacement due to gentrification, deed theft, and tax lien foreclosures; establishes an affirmative defense to violations of nonsolicitation orders and cease and desist zones.
STATE OF NEW YORK
________________________________________________________________________
5881
2025-2026 Regular Sessions
IN ASSEMBLY
February 24, 2025
___________
Introduced by M. of A. ZINERMAN -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the real property law, in relation to designating a
cease and desist zone in counties experiencing significant displace-
ment due to gentrification, deed theft, and tax lien foreclosures, and
establishing an affirmative defense to violations of nonsolicitation
orders and cease and desist zones
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The real property law is amended by adding a new section
2 442-hh to read as follows:
3 § 442-hh. Designating counties experiencing significant displacement
4 as cease and desist zones. Notwithstanding any other law, rule or regu-
5 lation to the contrary, the secretary of state shall identify and desig-
6 nate counties with significant homeowner displacement due to gentrifica-
7 tion, deed theft, and tax lien foreclosures as cease and desist zones.
8 The secretary of state shall compile a list of such counties, which
9 shall be subject to protections against unsolicited real estate solic-
10 itations in accordance with section four hundred forty-two-h of this
11 article.
12 § 2. Section 442-h of the real property law is amended by adding a new
13 subdivision 5 to read as follows:
14 5. In any action alleging a violation of this section, it shall be an
15 affirmative defense that the owner of residential real property included
16 in a nonsolicitation order or cease and desist zone publicized that such
17 property was for sale through means including but not limited to adver-
18 tisements or real estate listings.
19 § 3. This act shall take effect on the thirtieth day after it shall
20 have become a law and shall apply to all nonsolicitation orders issued
21 on and after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
A LBD09036-02-5
