Requires real estate brokers to receive training in cultural competency; increases the renewal of real estate broker licenses to twenty-four and one-half hours from twenty-two and one-half hours to include two hours of cultural competency training.
STATE OF NEW YORK
________________________________________________________________________
9933
IN ASSEMBLY
February 27, 2020
___________
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 requiring real
estate brokers to receiving training in cultural competency
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 1 of section 441 of the real
2 property law, as amended by chapter 183 of the laws of 2006, is amended
3 to read as follows:
4 (b) Such further information as the department may reasonably require
5 shall be furnished by the applicant including sufficient proof of having
6 taken and passed a written examination and answered such questions as
7 may be prepared by the department to enable it to determine the trust-
8 worthiness of the applicant if an individual, or of each member of a
9 co-partnership or each member of a limited liability company or each
10 officer of a corporation for whom a license as a broker is asked, and
11 his, her or their competency to transact the business of real estate
12 broker in such a manner as to safeguard the interests of the public. In
13 determining competency, the department shall require proof that the
14 person being tested to qualify to apply for a broker's license has a
15 fair knowledge of the English language, a fair understanding of the
16 general purposes and general legal effect of deeds, mortgages, land
17 contracts of sale, and leases, a general and fair understanding of the
18 obligations between principal and agent, has taken a class on cultural
19 competency training, as well as of the provisions of this section. The
20 applicant must also furnish proof that he or she has attended for at
21 least one hundred twenty hours and has successfully completed a real
22 estate course or courses approved by the secretary of state as to method
23 and content and supervision which approval may be withdrawn if in the
24 opinion of the secretary of state said course or courses are not being
25 conducted properly as to method, content and supervision, and that
26 either the applicant has actively participated in the general real
27 estate brokerage business as a licensed real estate salesman under the
28 supervision of a licensed real estate broker for a period of not less
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15054-01-0
A. 9933 2
1 than two years or has had the equivalent experience in general real
2 estate business for a period of at least three years, the nature of
3 which experience shall be established by affidavit duly sworn to under
4 oath and/or other and further proof required by the department of state.
5 Computer-based and distance-learning courses may be approved by the
6 department so long as providers demonstrate the ability to monitor and
7 verify participation by the applicant for the specified time period.
8 Notwithstanding the foregoing authority to approve computer-based and
9 distance-learning courses, the department may prescribe that specified
10 subjects or hours must be presented in a classroom setting.
11 § 2. Paragraph (a) of subdivision 3 of section 441 of the real proper-
12 ty law, as amended by chapter 320 of the laws of 2016, is amended to
13 read as 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 four and one-half hours which shall include at least two hours of
19 cultural competency training, at least three hours of instruction
20 pertaining to fair housing and/or discrimination in the sale or rental
21 of real property or an interest in real property, at least one hour of
22 instruction pertaining to the law of agency except in the case of the
23 initial two-year licensing term for real estate salespersons, two hours
24 of agency related instruction must be completed, and successfully
25 completed a continuing education real estate course or courses approved
26 by the secretary of state as to method, content and supervision, which
27 approval may be withdrawn if in the opinion of the secretary of state
28 such course or courses are not being conducted properly as to method,
29 content and supervision. For those individuals licensed pursuant to
30 subdivision six of section four hundred forty-two-g of this article, in
31 the individual's initial license term, at least eleven hours of the
32 required twenty-two and one-half hours of continuing education shall be
33 completed during the first year of the term. Of those eleven hours,
34 three hours shall pertain to applicable New York state statutes and
35 regulations governing the practice of real estate brokers and salesper-
36 sons. To establish compliance with the continuing education requirements
37 imposed by this section, licensees shall provide an affidavit, in a form
38 acceptable to the department of state, establishing the nature of the
39 continuing education acquired and shall provide such further proof as
40 required by the department of state. The provisions of this paragraph
41 shall not apply to any licensed real estate broker who is engaged full
42 time in the real estate business and who has been licensed under this
43 article prior to July first, two thousand eight for at least fifteen
44 consecutive years immediately preceding such renewal.
45 § 3. Paragraph (a) of subdivision 3 of section 441 of the real proper-
46 ty law, as amended by chapter 392 of the laws of 2019, is amended to
47 read as follows:
48 (a) No renewal license shall be issued any licensee under this article
49 for any license period commencing November first, nineteen hundred nine-
50 ty-five unless such licensee shall have within the two year period imme-
51 diately preceding such renewal attended at least [twenty-two] twenty-
52 four and one-half hours which shall include at least two hours of
53 cultural competency training, at least three hours of instruction
54 pertaining to fair housing and/or discrimination in the sale or rental
55 of real property or an interest in real property, at least two and one-
56 half hours of instruction pertaining to ethical business practices, at
A. 9933 3
1 least one hour of instruction pertaining to recent legal matters govern-
2 ing the practice of real estate brokers and salespersons in New York
3 which may include statutes, laws, regulations, rules, codes, department
4 of state opinions and decisions, and court decisions and at least one
5 hour of instruction pertaining to the law of agency except in the case
6 of the initial two-year licensing term for real estate salespersons, two
7 hours of agency related instruction must be completed, and successfully
8 completed a continuing education real estate course or courses approved
9 by the secretary of state as to method, content and supervision, which
10 approval may be withdrawn if in the opinion of the secretary of state
11 such course or courses are not being conducted properly as to method,
12 content and supervision. For those individuals licensed pursuant to
13 subdivision six of section four hundred forty-two-g of this article, in
14 the individual's initial license term, at least eleven hours of the
15 required twenty-two and one-half hours of continuing education shall be
16 completed during the first year of the term. Of those eleven hours,
17 three hours shall pertain to applicable New York state statutes and
18 regulations governing the practice of real estate brokers and salesper-
19 sons. To establish compliance with the continuing education requirements
20 imposed by this section, licensees shall provide an affidavit, in a form
21 acceptable to the department of state, establishing the nature of the
22 continuing education acquired and shall provide such further proof as
23 required by the department of state.
24 § 4. This act shall take effect on the one hundred twentieth day after
25 it shall have become a law; provided, however, that if chapter 392 of
26 the laws of 2019 shall not have taken effect on or before such date then
27 section three of this act shall take effect on the same date and in the
28 same manner as such chapter of the laws of 2019 takes effect.