Requires the inclusion of instruction in ethical business practices and recent legal matters in the continuing education requirements for real estate licensees.
STATE OF NEW YORK
________________________________________________________________________
3839
2019-2020 Regular Sessions
IN SENATE
February 19, 2019
___________
Introduced by Sen. HOYLMAN -- 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 the
inclusion of instruction in ethical business practices and recent
legal matters in the continuing education requirements for real estate
licensees
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 to read 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 and one-half
8 hours which shall include at least three hours of instruction pertaining
9 to fair housing and/or discrimination in the sale or rental of real
10 property or an interest in real property, at least two and one-half
11 hours of instruction pertaining to ethical business practices, at least
12 one hour of instruction pertaining to recent legal matters governing the
13 practice of real estate brokers and salespersons in New York which may
14 include statutes, laws, regulations, rules, codes, department of state
15 opinions and decisions, and court decisions and at least one hour of
16 instruction pertaining to the law of agency except in the case of the
17 initial two-year licensing term for real estate salespersons, two hours
18 of agency related instruction must be completed, and successfully
19 completed a continuing education real estate course or courses approved
20 by the secretary of state as to method, content and supervision, which
21 approval may be withdrawn if in the opinion of the secretary of state
22 such course or courses are not being conducted properly as to method,
23 content and supervision. For those individuals licensed pursuant to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10037-01-9
S. 3839 2
1 subdivision six of section four hundred forty-two-g of this article, in
2 the individual's initial license term, at least eleven hours of the
3 required twenty-two and one-half hours of continuing education shall be
4 completed during the first year of the term. Of those eleven hours,
5 three hours shall pertain to applicable New York state statutes and
6 regulations governing the practice of real estate brokers and salesper-
7 sons. To establish compliance with the continuing education requirements
8 imposed by this section, licensees shall provide an affidavit, in a form
9 acceptable to the department of state, establishing the nature of the
10 continuing education acquired and shall provide such further proof as
11 required by the department of state. [The provisions of this paragraph
12 shall not apply to any licensed real estate broker who is engaged full
13 time in the real estate business and who has been licensed under this
14 article prior to July first, two thousand eight for at least fifteen
15 consecutive years immediately preceding such renewal.]
16 § 2. This act shall take effect July 1, 2021.
