New York State Assembly

 
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A01760 Summary:

A01760 Actions:

A01760 Committee Votes:

Committee:JUDICIARY   Chair:Lavine      
DATE:05/26/2021AYE/NAY:15/6  Action: Favorable refer to committee Rules        
Lavine
Aye
Montesano
Nay
Zebrowski
Aye
Norris
Nay
Weprin
Aye
Walsh
Nay
Braunstein
Aye
Byrnes
Nay
Quart
Aye
Brown
Nay
Steck
Aye
Tannousis
Nay
Seawright
Aye
Joyner
Aye
Abinanti
Aye
Wallace
Aye
Walker
Aye
Cruz
Aye
McMahon
Aye
Mitaynes
Aye
Rajkumar
Aye

Committee:RULES   Chair:Gottfried      
DATE:06/07/2021AYE/NAY:29/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Gottfried
Aye
Hawley
Aye
Nolan
Excused
Giglio
Aye
Weinstein
Aye
Blankenbush
Aye
Pretlow
Aye
Norris
Aye
Cook
Aye
Montesano
Aye
Glick
Aye
Ra
Aye
Aubry
Aye
Brabenec
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye

A01760 Floor Votes:

A01760 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1760
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
          Committee on Judiciary
 
        AN ACT to amend  the  real  property  law,  in  relation  to  increasing
          required  training for real estate brokers and real estate salespeople
          to prevent discrimination

          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 amended by chapter 320 of the laws of 2016, is  amended
     3  as follows:
     4    (a) No renewal license shall be issued any licensee under this article
     5  for any license period commencing November first, nineteen hundred nine-
     6  ty-five unless such licensee shall have within the two year period imme-
     7  diately  preceding  such  renewal attended at least [twenty-two] twenty-
     8  five and one-half hours which shall include at least [three]  six  hours
     9  of  instruction  pertaining to fair housing and/or discrimination in the
    10  sale or rental of real property or an  interest  in  real  property,  at
    11  least  one hour of instruction pertaining to the law of agency except in
    12  the case of the initial two-year licensing term for real  estate  sales-
    13  persons,  two hours of agency related instruction must be completed, and
    14  successfully completed a continuing  education  real  estate  course  or
    15  courses  approved  by  the  secretary of state as to method, content and
    16  supervision, which approval may be withdrawn if in the  opinion  of  the
    17  secretary  of state such course or courses are not being conducted prop-
    18  erly as to  method,  content  and  supervision.  For  those  individuals
    19  licensed pursuant to subdivision six of section four hundred forty-two-g
    20  of  this  article,  in  the  individual's initial license term, at least
    21  eleven hours of the required [twenty-two] twenty-five and one-half hours
    22  of continuing education shall be completed during the first year of  the
    23  term. Of those eleven hours, three hours shall pertain to applicable New
    24  York  state  statutes  and  regulations  governing  the practice of real
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04901-01-1
        A. 1760                             2
 
     1  estate brokers  and  salespersons.  To  establish  compliance  with  the
     2  continuing  education  requirements  imposed  by this section, licensees
     3  shall provide an affidavit, in a form acceptable to  the  department  of
     4  state,  establishing the nature of the continuing education acquired and
     5  shall provide such further proof as required by the department of state.
     6  The provisions of this paragraph shall not apply to  any  licensed  real
     7  estate  broker  who is engaged full time in the real estate business and
     8  who has been licensed under this article prior to July first, two  thou-
     9  sand  eight for at least fifteen consecutive years immediately preceding
    10  such renewal.
    11    § 2. Paragraph (a) of subdivision 3 of section 441 of the real proper-
    12  ty law, as amended by chapter 392 of the laws of  2019,  is  amended  as
    13  follows:
    14    (a) No renewal license shall be issued any licensee under this article
    15  for any license period commencing November first, nineteen hundred nine-
    16  ty-five unless such licensee shall have within the two year period imme-
    17  diately  preceding  such  renewal attended at least [twenty-two] twenty-
    18  five and one-half hours which shall include at least [three]  six  hours
    19  of  instruction  pertaining to fair housing and/or discrimination in the
    20  sale or rental of real property or an  interest  in  real  property,  at
    21  least  two and one-half hours of instruction pertaining to ethical busi-
    22  ness practices, at least one hour of instruction  pertaining  to  recent
    23  legal  matters  governing the practice of real estate brokers and sales-
    24  persons in New York  which  may  include  statutes,  laws,  regulations,
    25  rules,  codes,  department  of  state  opinions and decisions, and court
    26  decisions and at least one hour of instruction pertaining to the law  of
    27  agency  except  in  the  case of the initial two-year licensing term for
    28  real estate salespersons, two hours of agency related  instruction  must
    29  be  completed,  and  successfully  completed a continuing education real
    30  estate course or courses approved by the secretary of state as to  meth-
    31  od,  content  and supervision, which approval may be withdrawn if in the
    32  opinion of the secretary of state such course or courses are  not  being
    33  conducted  properly  as  to  method,  content and supervision. For those
    34  individuals licensed pursuant to subdivision six of section four hundred
    35  forty-two-g of this article, in the individual's initial  license  term,
    36  at  least eleven hours of the required [twenty-two] twenty-five and one-
    37  half hours of continuing education shall be completed during  the  first
    38  year  of  the  term. Of those eleven hours, three hours shall pertain to
    39  applicable New York state statutes and regulations governing  the  prac-
    40  tice  of  real  estate brokers and salespersons. To establish compliance
    41  with the continuing education  requirements  imposed  by  this  section,
    42  licensees  shall  provide  an  affidavit,  in  a  form acceptable to the
    43  department of state, establishing the nature of the continuing education
    44  acquired and shall provide such further proof as required by the depart-
    45  ment of state.
    46    § 3. Subdivision 3 of section 441 of the real property law is  amended
    47  by adding a new paragraph (e) to read as follows:
    48    (e)  The  secretary  of  state shall promulgate rules establishing the
    49  content of the instruction pertaining to fair housing  and/or  discrimi-
    50  nation  in  the  sale  or rental of real property or an interest in real
    51  property required by paragraph (a) of this subdivision. Such instruction
    52  shall include, but not be limited to, courses  on:  (1)  the  legacy  of
    53  segregation,  unequal treatment, and historic lack of access to opportu-
    54  nity in housing; (2) unequal access to amenities and  resources  on  the
    55  basis  of  race,  disability,  and  other protected characteristics; (3)
    56  federal, state, and local fair housing laws; and (4) anti-bias training.
        A. 1760                             3
 
     1    § 4. This act shall take effect on the first of July  next  succeeding
     2  the date on which it shall have become a law, provided, however, that if
     3  chapter  392  of  the  laws  of  2019, shall not have taken effect on or
     4  before such date then section two of this act shall take effect  on  the
     5  same  date  and  in the same manner as such chapter of the laws of 2019,
     6  takes effect.