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S02929 Summary:

BILL NOS02929B
 
SAME ASSAME AS A06375-A
 
SPONSORPARKER
 
COSPNSRMYRIE, PERSAUD
 
MLTSPNSR
 
 
Relates to designating certain zip codes as cease and desist zones; directs the secretary of state to designate certain zip codes in Brooklyn as cease and desist zones.
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S02929 Actions:

BILL NOS02929B
 
01/26/2021REFERRED TO JUDICIARY
02/25/2021AMEND (T) AND RECOMMIT TO JUDICIARY
02/25/2021PRINT NUMBER 2929A
03/09/20211ST REPORT CAL.526
03/10/20212ND REPORT CAL.
03/11/2021ADVANCED TO THIRD READING
03/31/2021PASSED SENATE
03/31/2021DELIVERED TO ASSEMBLY
03/31/2021referred to judiciary
06/07/2021RECALLED FROM ASSEMBLY
06/07/2021returned to senate
06/07/2021VOTE RECONSIDERED - RESTORED TO THIRD READING
06/07/2021AMENDED ON THIRD READING 2929B
06/10/2021REPASSED SENATE
06/10/2021RETURNED TO ASSEMBLY
06/10/2021referred to ways and means
06/10/2021substituted for a6375a
06/10/2021ordered to third reading rules cal.791
06/10/2021passed assembly
06/10/2021returned to senate
10/27/2021DELIVERED TO GOVERNOR
11/07/2021SIGNED CHAP.581
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S02929 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2929--B
            Cal. No. 526
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    January 26, 2021
                                       ___________
 
        Introduced  by  Sens.  PARKER,  MYRIE, PERSAUD -- read twice and ordered
          printed, and when printed to be committed to the Committee on  Judici-
          ary  --  committee  discharged,  bill  amended,  ordered  reprinted as
          amended and recommitted to said committee -- reported  favorably  from
          said committee, ordered to first and second report, ordered to a third
          reading,  passed  by  Senate  and delivered to the Assembly, recalled,
          vote reconsidered, restored to  third  reading,  amended  and  ordered
          reprinted, retaining its place in the order of third reading
 
        AN  ACT  in  relation  to designating Kings County as a cease and desist
          zone
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.    Legislative  findings.  To  curb aggressive real estate
     2  solicitation practices, the legislature enabled the secretary  of  state
     3  to  create  "cease  and  desist  zones"  if  owners within the zone "are
     4  subject to intense and repeated solicitation" to  place  their  property
     5  for  sale.  A homeowner within a cease and desist zone may file a state-
     6  ment with the secretary of state requesting placement  on  a  cease  and
     7  desist list. No real estate broker, salesperson or other person regular-
     8  ly  engaged  in  the trade or business of buying and selling real estate
     9  may solicit a listing from an owner placed on the cease and desist list.
    10    The cease and desist program is a valuable tool  for  homeowners  that
    11  are inundated with solicitations for their home, and it has been a prov-
    12  en  success  in  cease and desist zones in the counties of Queens, Bronx
    13  and Rockland.
    14    In many neighborhoods in Kings County, long-time homeowners have  been
    15  the  subject  of increasingly aggressive real estate solicitation, espe-
    16  cially in neighborhoods experiencing rapid gentrification.    Solicitors
    17  often  use shady or illegal tactics to confuse or manipulate homeowners.
    18  Many homeowners have also been the victims of  deed  theft,  unknowingly
    19  signing away their home and most valuable asset. Unfortunately, existing
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05476-07-1

        S. 2929--B                          2
 
     1  statutory  framework  for  establishing a cease and desist zone in these
     2  neighborhoods is not working fast enough to protect homeowners in Brook-
     3  lyn.
     4    The  legislature  hereby  finds  and  declares that due to intense and
     5  repeated solicitation of owners of residential  real  property  by  real
     6  estate  brokers,  real  estate salespersons, and other persons regularly
     7  engaged in the trade or business of buying and selling real estate,  the
     8  rapid  establishment  of  a  cease and desist zone is necessary in Kings
     9  County.
    10    § 2.  Notwithstanding any other law, rule or regulation to the contra-
    11  ry, in accordance with section 442-h  of  the  real  property  law,  the
    12  secretary  of state shall conduct a public hearing and reasonable inves-
    13  tigation of intense and repeated solicitation of owners  of  residential
    14  real property in the county of Kings within ninety days of the effective
    15  date of this act.  If, after such public hearing and reasonable investi-
    16  gation,  the  secretary  of  state finds that owners of residential real
    17  property within the county of Kings,  or  any  defined  geographic  area
    18  therein are subject to intense and repeated solicitations by real estate
    19  brokers and salespersons to place their property for sale with such real
    20  estate brokers or salespersons, or otherwise to sell their property, the
    21  secretary  of  state shall adopt a rule in accordance with subdivision 3
    22  of section 442-h of the real  property  law  establishing  a  cease  and
    23  desist  zone  for  the  county of Kings, or any defined geographic areas
    24  therein subjected to such intense and repeated solicitations.  The  rule
    25  establishing  such  cease  and  desist zone shall be effective for up to
    26  five years, provided the secretary of state may  re-adopt  the  rule  to
    27  continue the cease and desist zone pursuant to paragraph (c) of subdivi-
    28  sion 3 of section 442-h of the real property law.
    29    §  3. If, within one year of this act, the secretary of state does not
    30  establish a cease and desist zone in the county of Kings, the  secretary
    31  of  state shall prepare and submit to the governor, the temporary presi-
    32  dent of the senate, the speaker of the assembly, the minority leader  of
    33  the  senate  and the minority leader of the assembly a report containing
    34  the detailed findings of the public hearing and investigation.
    35    § 4. This act shall take effect immediately.
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