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S01256 Summary:

BILL NOS01256A
 
SAME ASSAME AS A06786-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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S01256 Actions:

BILL NOS01256A
 
01/11/2019REFERRED TO JUDICIARY
01/08/2020REFERRED TO JUDICIARY
01/31/2020AMEND (T) AND RECOMMIT TO JUDICIARY
01/31/2020PRINT NUMBER 1256A
02/11/20201ST REPORT CAL.402
02/12/20202ND REPORT CAL.
02/13/2020ADVANCED TO THIRD READING
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S01256 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1256--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 11, 2019
                                       ___________
 
        Introduced  by  Sens. PARKER, PERSAUD -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Judiciary  --
          recommitted  to  the  Committee on Judiciary in accordance with Senate
          Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN ACT to designate certain zip codes as cease and desist zones
 
          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
    20  statutory framework for establishing a cease and desist  zone  in  these
    21  neighborhoods is not working fast enough to protect homeowners in Brook-
    22  lyn.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06112-02-0

        S. 1256--A                          2
 
     1    The  legislature  hereby  finds  and  declares that due to intense and
     2  repeated solicitation of owners of residential  real  property  by  real
     3  estate  brokers,  real  estate salespersons, and other persons regularly
     4  engaged in the trade or business of buying and selling real estate,  the
     5  rapid  establishment  of  a  cease  and  desist zone is necessary in the
     6  following zip codes: 11203, 11210, 11212, 11215,  11217,  11218,  11219,
     7  11225, 11226, 11230, 11232, 11234, 11236 and 11238.
     8    § 2.  Notwithstanding any other law, rule or regulation to the contra-
     9  ry,  the  secretary  of state shall establish by rule a cease and desist
    10  zone, pursuant to subdivision 3 of section 442-h of  the  real  property
    11  law,  consisting  of  the  following zip codes within ninety days of the
    12  effective date of this act: 11203, 11210, 11212,  11215,  11217,  11218,
    13  11219,  11225,  11226,  11230,  11232,  11234, 11236 and 11238. The rule
    14  establishing such cease and desist zone  shall  be  effective  for  five
    15  years, provided the secretary of state may re-adopt the rule to continue
    16  the  cease and desist zone pursuant to paragraph (c) of subdivision 3 of
    17  section 442-h of the real property law.
    18    § 3. This act shall take effect immediately.
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