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S05780 Summary:

BILL NOS05780
 
SAME ASSAME AS A08092
 
SPONSORFERNANDEZ
 
COSPNSRADDABBO, COMRIE
 
MLTSPNSR
 
Amd §441, RP L
 
Requires real estate brokers and salespersons to complete two hours of sexual harassment prevention training every two years.
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S05780 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5780
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 28, 2025
                                       ___________
 
        Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
 
        AN  ACT  to  amend  the real property law, in relation to requiring real
          estate brokers and salespersons to complete a certain amount of sexual
          harassment prevention training

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph (a) of subdivision 3 of section 441 of the real
     2  property law, as separately amended by chapters 686 and 688 of the  laws
     3  of 2021, is amended to read as follows:
     4    (a)  (i)  No  renewal  license shall be issued any licensee under this
     5  article for any  license  period  commencing  November  first,  nineteen
     6  hundred  ninety-five unless such licensee shall have within the two year
     7  period immediately preceding such renewal attended at  least  twenty-two
     8  and  one-half  hours  which shall include at least two hours of cultural
     9  competency training, at least three hours of instruction  pertaining  to
    10  fair housing and/or discrimination in the sale or rental of real proper-
    11  ty  or  an  interest in real property, at least two hours of instruction
    12  pertaining to implicit bias awareness and understanding,  at  least  two
    13  and  one-half  hours of instruction pertaining to ethical business prac-
    14  tices, at least one hour  of  instruction  pertaining  to  recent  legal
    15  matters  governing  the practice of real estate brokers and salespersons
    16  in New York which may include statutes, laws, regulations, rules, codes,
    17  department of state opinions and decisions, and court decisions  and  at
    18  least  one hour of instruction pertaining to the law of agency except in
    19  the case of the initial two-year licensing term for real  estate  sales-
    20  persons,  two hours of agency related instruction must be completed, and
    21  successfully completed a continuing  education  real  estate  course  or
    22  courses  approved  by  the  secretary of state as to method, content and
    23  supervision, which approval may be withdrawn if in the  opinion  of  the
    24  secretary  of state such course or courses are not being conducted prop-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10381-01-5

        S. 5780                             2
 
     1  erly as to  method,  content  and  supervision.  For  those  individuals
     2  licensed pursuant to subdivision six of section four hundred forty-two-g
     3  of  this  article,  in  the  individual's initial license term, at least
     4  eleven hours of the required twenty-two and one-half hours of continuing
     5  education shall be completed during the first year of the term. Of those
     6  eleven  hours,  three  hours  shall pertain to applicable New York state
     7  statutes and regulations governing the practice of real  estate  brokers
     8  and  salespersons. To establish compliance with the continuing education
     9  requirements imposed by this section, licensees shall provide an affida-
    10  vit, in a form acceptable to the department of state,  establishing  the
    11  nature  of  the  continuing  education  acquired  and shall provide such
    12  further proof as required by the department of state.   For purposes  of
    13  this  subdivision,  "implicit  bias"  shall mean the attitudes or stere-
    14  otypes that affect an individual's understanding, actions and  decisions
    15  in an unconscious manner.
    16    (ii)  In  addition to the continuing education requirements under this
    17  section, every licensee within the two-year period immediately preceding
    18  such renewal shall complete two sexual  harassment  prevention  training
    19  programs  of at least one hour each for a total of two hours. One sexual
    20  harassment prevention training program shall  be  completed  during  the
    21  first  twelve  months of such two-year period immediately preceding such
    22  renewal and one sexual harassment prevention training program  shall  be
    23  completed  during the second twelve months of such two-year period imme-
    24  diately preceding such renewal. The content of  such  sexual  harassment
    25  training  programs shall meet the requirements set forth in paragraphs a
    26  and b of subdivision two of section two hundred one-g of the labor  law.
    27  Any  time a real estate licensee is required to renew their license they
    28  shall affirm to the department of state that they are in compliance with
    29  the requirements of this subparagraph.
    30    § 2. This act shall take effect one year after it shall have become  a
    31  law.
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