Bill Text: NY A04638 | 2021-2022 | General Assembly | Amended
Bill Title: Requires real estate brokers and salespersons to receive implicit bias training as part of their license renewal process.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2021-06-03 - substituted by s538b [A04638 Detail]
Download: New_York-2021-A04638-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4638--A 2021-2022 Regular Sessions IN ASSEMBLY February 4, 2021 ___________ Introduced by M. of A. SILLITTI -- read once and referred to the Commit- tee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the real property law, in relation to requiring real estate brokers and salespersons to receive implicit bias training as part of their license renewal process 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 392 of the laws of 2019, 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 hours of instruc- 11 tion pertaining to implicit bias awareness and understanding, at least 12 two and one-half hours of instruction pertaining to ethical business 13 practices, at least one hour of instruction pertaining to recent legal 14 matters governing the practice of real estate brokers and salespersons 15 in New York which may include statutes, laws, regulations, rules, codes, 16 department of state opinions and decisions, and court decisions and at 17 least one hour of instruction pertaining to the law of agency except in 18 the case of the initial two-year licensing term for real estate sales- 19 persons, two hours of agency related instruction must be completed, and 20 successfully completed a continuing education real estate course or 21 courses approved by the secretary of state as to method, content and 22 supervision, which approval may be withdrawn if in the opinion of the 23 secretary of state such course or courses are not being conducted prop- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04889-05-1A. 4638--A 2 1 erly as to method, content and supervision. For those individuals 2 licensed pursuant to subdivision six of section four hundred forty-two-g 3 of this article, in the individual's initial license term, at least 4 eleven hours of the required twenty-two and one-half hours of continuing 5 education shall be completed during the first year of the term. Of those 6 eleven hours, three hours shall pertain to applicable New York state 7 statutes and regulations governing the practice of real estate brokers 8 and salespersons. To establish compliance with the continuing education 9 requirements imposed by this section, licensees shall provide an affida- 10 vit, in a form acceptable to the department of state, establishing the 11 nature of the continuing education acquired and shall provide such 12 further proof as required by the department of state. For purposes of 13 this subdivision, "implicit bias" shall mean the attitudes or stere- 14 otypes that affect an individual's understanding, actions and decisions 15 in an unconscious manner. 16 § 2. This act shall take effect on the one hundred eightieth day after 17 it shall have become a law, provided, however, that if chapter 392 of 18 the laws of 2019 shall not have taken effect on or before such date then 19 this act shall take effect on the same date and in the same manner as 20 such chapter of the laws of 2019 takes effect.
