Bill Text: NY A04460 | 2013-2014 | General Assembly | Introduced


Bill Title: Provides that orders to cease and desist real property solicitations shall apply to all owners of property located within the geographical area defined in such order; provides that only those property owners who opt out of such order may be solicited by real estate brokers and salespersons.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-05-28 - held for consideration in judiciary [A04460 Detail]

Download: New_York-2013-A04460-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4460
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 5, 2013
                                      ___________
       Introduced by M. of A. CURRAN -- read once and referred to the Committee
         on Judiciary
       AN  ACT  to  amend the real property law, in relation to orders to cease
         and desist real property solicitations
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 3 of section 442-h of the real property law, as
    2  amended  by  chapter  505  of  the  laws  of 2001, is amended to read as
    3  follows:
    4    3. (a) If the secretary of state determines that some owners of  resi-
    5  dential  real  property  within a defined geographic area are subject to
    6  intense and repeated solicitation by real estate brokers  and  salesper-
    7  sons  to  place their property for sale with such real estate brokers or
    8  salespersons, or are subject to intense  and  repeated  solicitation  by
    9  other  persons  regularly engaged in the trade or business of buying and
   10  selling real estate to sell their real estate, the  secretary  of  state
   11  may  adopt a rule establishing a cease and desist zone, which zone shall
   12  be bounded or otherwise specifically defined  in  the  rule.  After  the
   13  secretary  of  state has established a cease and desist zone, the owners
   14  of residential real property located within the zone may file an owner's
   15  statement with the secretary of state expressing  their  wish  [not]  to
   16  CONTINUE  TO  be solicited by real estate brokers, salespersons or other
   17  persons regularly engaged in the trade or business of buying and selling
   18  real estate AND TO OPT OUT OF THE CEASE AND DESIST ORDER.  The form  and
   19  content  of the statement shall be prescribed by the secretary of state.
   20  After a cease and desist zone has been established by the  secretary  of
   21  state,  [no] A real estate broker, salesperson or other person regularly
   22  engaged in the trade or business  of  buying  and  selling  real  estate
   23  [shall] MAY solicit a listing ONLY from any owner who has filed a state-
   24  ment  with  the  secretary  of state if such owner's name appears on the
   25  current cease and desist OPT OUT  list  prepared  by  the  secretary  of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08407-01-3
       A. 4460                             2
    1  state.  The  prohibition  on solicitation shall apply to direct forms of
    2  solicitation such as the  use  of  the  telephone,  the  mail,  personal
    3  contact  and  other  forms of direct solicitation as may be specified by
    4  the secretary of state.
    5    (b)  The  secretary  of state shall compile a cease and desist OPT OUT
    6  list for each zone established pursuant to paragraph (a) of this  subdi-
    7  vision.  In addition to such other information as the secretary of state
    8  may deem appropriate, each cease and desist OPT OUT list  shall  contain
    9  the  name  of  each  owner  who  has filed an owner's statement with the
   10  secretary, as well as the address of the property  within  the  zone  to
   11  which  the  owner's statement applies. The secretary of state shall send
   12  to each owner who has filed an owner's statement a written  acknowledge-
   13  ment of the secretary of state's receipt thereof and a pamphlet explain-
   14  ing  to  the  owner  his  or  her rights in connection therewith and the
   15  procedures and time limits applicable to the filing  of  complaints  for
   16  violations. The secretary of state shall allow an owner who files, or on
   17  behalf of whom is filed, a complaint or other report of a violation of a
   18  cease  and  desist  rule  ninety days in which to perfect a complaint by
   19  submitting such other or further information or documents as the  secre-
   20  tary of state may require. The secretary of state shall print a list for
   21  each  zone.   Each list shall be revised and reprinted at least annually
   22  on or before December thirty-first and shall be made  available  to  the
   23  public and to real estate brokers at a reasonable price to be set by the
   24  secretary  of  state and approved by the director of the division of the
   25  budget.  Additions or deletions shall be made to each list only  at  the
   26  time  the  list is reprinted, and the secretary of state shall not issue
   27  amendments or addenda to any printed list.
   28    (c) No rule establishing a cease and desist zone  shall  be  effective
   29  for longer than five years. However, the secretary of state may re-adopt
   30  the  rule  to  continue the cease and desist zone for additional periods
   31  not to exceed five years each. Whenever a rule establishing a cease  and
   32  desist  zone shall have expired or shall have been repealed, all owner's
   33  statements filed with the secretary of state pursuant to that rule shall
   34  also expire. However, an owner may file a new statement with the  secre-
   35  tary  of  state if a new rule is adopted establishing a cease and desist
   36  zone containing the owner's property. Once the boundaries of a cease and
   37  desist zone have been established by rule of the secretary of state, the
   38  boundaries may not be changed except by repeal of the existing rule  and
   39  adoption of a new rule establishing the new boundaries.
   40    S 2. This act shall take effect immediately.
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