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
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