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S02352 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                    IN SENATE
                                    January 20, 2023
        Introduced  by Sen. KAVANAGH -- 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
          secretary  of  state to require that real estate brokers and salesper-
          sons compile and disclose certain demographic information

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  real property law is amended by adding a new section
     2  442-m to read as follows:
     3    § 442-m.  Collection and disclosure of demographic  information.    1.
     4  (a) Every real estate broker or salesperson licensed in this state shall
     5  request,  in  a  manner  consistent  with any regulations adopted by the
     6  secretary of state, the voluntarily disclosure of  demographic  informa-
     7  tion from each client of such broker or salesperson who is a prospective
     8  home  purchaser,  including the full name, race, ethnicity and gender of
     9  each such client, and other demographic information as the secretary  of
    10  state  may  determine  is  necessary,  and  shall record and retain such
    11  information for a period  of  two  years;  provided  that  the  client's
    12  production  of  or  refusal to produce such information shall not affect
    13  the provision of services to the client.
    14    (b) For each such client, such broker or salesperson shall record  the
    15  results  of  the services provided by such broker or salesperson in this
    16  state, including properties listed, properties shown,  the  location  of
    17  such  properties,  and  the  disposition of every offer received by such
    18  broker with respect to a transaction, including whether  the  offer  was
    19  accepted  or  rejected  and whether a closing occurred, and shall retain
    20  such information for a period of two years.
    21    (c) Every such broker or salesperson shall  submit,  or  cause  to  be
    22  submitted  through a brokerage business with which such broker or sales-
    23  person is associated, a summary of the information recorded pursuant  to
    24  this  subdivision  to  the department of state in a manner prescribed by
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 2352                             2
     1  the secretary of state. Such submission shall be  due  annually  by  the
     2  first day of March for the preceding calendar year.
     3    2.  The  secretary of state shall establish and maintain a database of
     4  all information submitted pursuant to subdivision one  of  this  section
     5  and  shall make such data available to the governor, the attorney gener-
     6  al, the temporary president of the senate, and the speaker of the assem-
     7  bly upon request. All such data shall be maintained in a format that can
     8  be searched by location, by real estate broker or  salesperson,  and  by
     9  any  brokerage  business  with  which  such broker or salesperson may be
    10  associated. Such database shall not be disclosed  to  a  member  of  the
    11  public  unless  the  data has been anonymized to protect the identity of
    12  the clients.
    13    3. The secretary of state shall issue an annual report to  the  gover-
    14  nor,  the  attorney  general, the temporary president of the senate, and
    15  the speaker of the assembly, and  make  such  report  available  on  the
    16  public  website of the department of state, on the aggregate demographic
    17  data of clients and the results of services reported pursuant to  subdi-
    18  vision one of this section. Such report shall be due by the first day of
    19  May  of each year and shall cover clients served by brokers or salesper-
    20  sons during the preceding calendar year and  any  other  information  or
    21  analysis  that  the  secretary  of state may determine appropriate. Such
    22  report shall not  include  the  identity  of  any  client  without  such
    23  client's consent.
    24    §  2.  This  act shall take effect on the ninetieth day after it shall
    25  have become a law. Effective immediately, the addition, amendment and/or
    26  repeal of any rule or regulation necessary  for  the  implementation  of
    27  this  act  on its effective date are authorized to be made and completed
    28  on or before such effective date.
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