Bill Text: NY A06082 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires the inclusion of instruction in ethical business practices and recent legal matters in the continuing education requirements for real estate licensees.

Spectrum: Moderate Partisan Bill (Democrat 26-4)

Status: (Engrossed) 2019-05-30 - REFERRED TO JUDICIARY [A06082 Detail]

Download: New_York-2019-A06082-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6082
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 27, 2019
                                       ___________
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Judiciary
        AN  ACT  to  amend  the  real property law, in relation to requiring the
          inclusion of instruction in  ethical  business  practices  and  recent
          legal matters in the continuing education requirements for real estate
          licensees
          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 320 of the laws of 2016, 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 and one-half
    11  hours of instruction pertaining to ethical business practices, at  least
    12  one hour of instruction pertaining to recent legal matters governing the
    13  practice  of  real estate brokers and salespersons in New York which may
    14  include statutes, laws, regulations, rules, codes, department  of  state
    15  opinions  and  decisions,  and  court decisions and at least one hour of
    16  instruction pertaining to the law of agency except in the  case  of  the
    17  initial  two-year licensing term for real estate salespersons, two hours
    18  of agency  related  instruction  must  be  completed,  and  successfully
    19  completed  a continuing education real estate course or courses approved
    20  by the secretary of state as to method, content and  supervision,  which
    21  approval  may  be  withdrawn if in the opinion of the secretary of state
    22  such course or courses are not being conducted properly  as  to  method,
    23  content  and  supervision.  For  those  individuals licensed pursuant to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10037-01-9

        A. 6082                             2
     1  subdivision six of section four hundred forty-two-g of this article,  in
     2  the  individual's  initial  license  term,  at least eleven hours of the
     3  required twenty-two and one-half hours of continuing education shall  be
     4  completed  during  the  first  year  of the term. Of those eleven hours,
     5  three hours shall pertain to applicable  New  York  state  statutes  and
     6  regulations  governing the practice of real estate brokers and salesper-
     7  sons. To establish compliance with the continuing education requirements
     8  imposed by this section, licensees shall provide an affidavit, in a form
     9  acceptable to the department of state, establishing the  nature  of  the
    10  continuing  education  acquired  and shall provide such further proof as
    11  required by the department of state. [The provisions of  this  paragraph
    12  shall  not  apply to any licensed real estate broker who is engaged full
    13  time in the real estate business and who has been  licensed  under  this
    14  article  prior  to  July  first, two thousand eight for at least fifteen
    15  consecutive years immediately preceding such renewal.]
    16    § 2. This act shall take effect July 1, 2021.
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