Bill Text: NY S02156 | 2021-2022 | General Assembly | Introduced
Bill Title: Codifies the duty of real estate brokers to supervise salesmen and associate brokers through regular, frequent and consistent personal guidance, instruction and oversight; lists elements of supervision including the ability to familiarize salesmen with state and federal laws against discrimination.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO JUDICIARY [S02156 Detail]
Download: New_York-2021-S02156-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2156 2021-2022 Regular Sessions IN SENATE January 20, 2021 ___________ Introduced by Sen. THOMAS -- 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 the duty of a licensed real estate broker to supervise real estate salesmen The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 442-c of the real property law, as amended by chap- 2 ter 699 of the laws of 1988, is amended to read as follows: 3 § 442-c. Violations by salesmen; duty to supervise; broker's responsi- 4 bility. 1. A licensed real estate broker shall have a duty to exercise 5 reasonable and adequate supervision over real estate salesmen and asso- 6 ciate real estate brokers through regular, frequent and consistent 7 personal guidance, instruction and oversight. Reasonable and adequate 8 supervision shall also be determined by: the availability of the super- 9 vising broker to all salesmen and associate brokers under the super- 10 vision of the broker to review and approve all documents; the distance 11 between the supervising broker's main location and all branch offices 12 with salesmen and associate brokers the supervising broker oversees; and 13 the ability of the broker to familiarize salesmen and associate brokers 14 with the requirements of federal and state law governing real estate 15 transactions, including, without limitation, prohibitions against 16 discrimination. 17 2. No violation of a provision of this article by a real estate sales- 18 man or employee of a real estate broker shall be deemed to be cause for 19 the revocation or suspension of the license of the broker, unless it 20 shall appear that the broker had actual knowledge of such violation, or 21 failed to exercise reasonable and adequate supervision over the real 22 estate salesman or associate broker or retains the benefits, profits or 23 proceeds of a transaction wrongfully negotiated by his salesman, associ- 24 ate broker or employee after notice of the salesman's, associate 25 broker's or employee's misconduct. A broker shall be guilty of a misde- 26 meanor for having any salesman associated with his firm who has not 27 secured the required license authorizing such employment. 28 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08440-02-1