Bill Text: NY S07581 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires additional training for real estate brokers and real estate salespeople to prevent discrimination in the real estate industry.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-01-28 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S07581 Detail]

Download: New_York-2019-S07581-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7581

                    IN SENATE

                                    January 28, 2020
                                       ___________

        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations

        AN ACT to amend  the  real  property  law,  in  relation  to  increasing
          required  training for real estate brokers and real estate salespeople
          to prevent discrimination

          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  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] twenty-
     8  five and one-half hours which shall include at least [three]  six  hours
     9  of  instruction  pertaining to fair housing and/or discrimination in the
    10  sale or rental of real property or an  interest  in  real  property,  at
    11  least  one hour of instruction pertaining to the law of agency except in
    12  the case of the initial two-year licensing term for real  estate  sales-
    13  persons,  two hours of agency related instruction must be completed, and
    14  successfully completed a continuing  education  real  estate  course  or
    15  courses  approved  by  the  secretary of state as to method, content and
    16  supervision, which approval may be withdrawn if in the  opinion  of  the
    17  secretary  of state such course or courses are not being conducted prop-
    18  erly as to  method,  content  and  supervision.  For  those  individuals
    19  licensed pursuant to subdivision six of section four hundred forty-two-g
    20  of  this  article,  in  the  individual's initial license term, at least
    21  eleven hours of the required [twenty-two] twenty-five and one-half hours
    22  of continuing education shall be completed during the first year of  the
    23  term. Of those eleven hours, three hours shall pertain to applicable New
    24  York  state  statutes  and  regulations  governing  the practice of real
    25  estate brokers  and  salespersons.  To  establish  compliance  with  the
    26  continuing  education  requirements  imposed  by this section, licensees

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14776-01-0

        S. 7581                             2

     1  shall provide an affidavit, in a form acceptable to  the  department  of
     2  state,  establishing the nature of the continuing education acquired and
     3  shall provide such further proof as required by the department of state.
     4  The  provisions  of  this paragraph shall not apply to any licensed real
     5  estate broker who is engaged full time in the real estate  business  and
     6  who  has been licensed under this article prior to July first, two thou-
     7  sand eight for at least fifteen consecutive years immediately  preceding
     8  such renewal.
     9    § 2. Paragraph (a) of subdivision 3 of section 441 of the real proper-
    10  ty  law,  as  amended  by chapter 392 of the laws of 2019, is amended as
    11  follows:
    12    (a) No renewal license shall be issued any licensee under this article
    13  for any license period commencing November first, nineteen hundred nine-
    14  ty-five unless such licensee shall have within the two year period imme-
    15  diately preceding such renewal attended at  least  [twenty-two]  twenty-
    16  five  and  one-half hours which shall include at least [three] six hours
    17  of instruction pertaining to fair housing and/or discrimination  in  the
    18  sale  or  rental  of  real  property or an interest in real property, at
    19  least two and one-half hours of instruction pertaining to ethical  busi-
    20  ness  practices,  at  least one hour of instruction pertaining to recent
    21  legal matters governing the practice of real estate brokers  and  sales-
    22  persons  in  New  York  which  may  include statutes, laws, regulations,
    23  rules, codes, department of state  opinions  and  decisions,  and  court
    24  decisions  and at least one hour of instruction pertaining to the law of
    25  agency except in the case of the initial  two-year  licensing  term  for
    26  real  estate  salespersons, two hours of agency related instruction must
    27  be completed, and successfully completed  a  continuing  education  real
    28  estate  course or courses approved by the secretary of state as to meth-
    29  od, content and supervision, which approval may be withdrawn if  in  the
    30  opinion  of  the secretary of state such course or courses are not being
    31  conducted properly as to method,  content  and  supervision.  For  those
    32  individuals licensed pursuant to subdivision six of section four hundred
    33  forty-two-g  of  this article, in the individual's initial license term,
    34  at least eleven hours of the required [twenty-two] twenty-five and  one-
    35  half  hours  of continuing education shall be completed during the first
    36  year of the term. Of those eleven hours, three hours  shall  pertain  to
    37  applicable  New  York state statutes and regulations governing the prac-
    38  tice of real estate brokers and salespersons.  To  establish  compliance
    39  with  the  continuing  education  requirements  imposed by this section,
    40  licensees shall provide an  affidavit,  in  a  form  acceptable  to  the
    41  department of state, establishing the nature of the continuing education
    42  acquired and shall provide such further proof as required by the depart-
    43  ment of state.
    44    §  3. Subdivision 3 of section 441 of the real property law is amended
    45  by adding a new paragraph (e) to read as follows:
    46    (e) The secretary of state shall  promulgate  rules  establishing  the
    47  content  of  the instruction pertaining to fair housing and/or discrimi-
    48  nation in the sale or rental of real property or  an  interest  in  real
    49  property required by paragraph (a) of this subdivision. Such instruction
    50  shall  include,  but  not  be  limited to, courses on: (1) the legacy of
    51  segregation, unequal treatment, and historic lack of access to  opportu-
    52  nity  in  housing;  (2) unequal access to amenities and resources on the
    53  basis of race, disability,  and  other  protected  characteristics;  (3)
    54  federal, state, and local fair housing laws; and (4) anti-bias training.
    55    §  4.  This act shall take effect on the first of July next succeeding
    56  the date on which it shall have become a law, provided, however, that if

        S. 7581                             3

     1  chapter 392 of the laws of 2019, shall  not  have  taken  effect  on  or
     2  before  such  date then section two of this act shall take effect on the
     3  same date and in the same manner as such chapter of the  laws  of  2019,
     4  takes effect.
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