Bill Text: NY S07770 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to defining cultural competency training for real estate brokers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-02-24 - SIGNED CHAP.100 [S07770 Detail]
Download: New_York-2021-S07770-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7770 IN SENATE January 11, 2022 ___________ Introduced by Sen. GAUGHRAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the real property law, in relation to the definition of cultural competency training for real estate brokers; and to amend a chapter of the laws of 2021 amending the real property law relating to requiring real estate brokers to receive training in cultural compe- tency, as proposed in legislative bills numbers S.979-A and A.844-A, in relation to the effectiveness thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (b) of subdivision 1 of section 441 of the real 2 property law, as amended by a chapter of the laws of 2021 amending the 3 real property law relating to requiring real estate brokers to receive 4 training in cultural competency, as proposed in legislative bills 5 numbers S.979-A and A.844-A, is amended to read as follows: 6 (b) Such further information as the department may reasonably require 7 shall be furnished by the applicant including sufficient proof of having 8 taken and passed a written examination and answered such questions as 9 may be prepared by the department to enable it to determine the trust- 10 worthiness of the applicant if an individual, or of each member of a 11 co-partnership or each member of a limited liability company or each 12 officer of a corporation for whom a license as a broker is asked, and 13 his, her or their competency to transact the business of real estate 14 broker in such a manner as to safeguard the interests of the public. In 15 determining competency, the department shall require proof that the 16 person being tested to qualify to apply for a broker's license has a 17 fair knowledge of the English language, a fair understanding of the 18 general purposes and general legal effect of deeds, mortgages, land 19 contracts of sale, and leases, a general and fair understanding of the 20 obligations between principal and agent, has taken a class on cultural 21 competency training, as well as of the provisions of this section. The 22 applicant must also furnish proof that he or she has attended for at 23 least one hundred twenty hours and has successfully completed a real 24 estate course or courses approved by the secretary of state as to method EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03801-04-2S. 7770 2 1 and content and supervision which approval may be withdrawn if in the 2 opinion of the secretary of state said course or courses are not being 3 conducted properly as to method, content and supervision, and that 4 either the applicant has actively participated in the general real 5 estate brokerage business as a licensed real estate salesman under the 6 supervision of a licensed real estate broker for a period of not less 7 than two years or has had the equivalent experience in general real 8 estate business for a period of at least three years, the nature of 9 which experience shall be established by affidavit duly sworn to under 10 oath and/or other and further proof required by the department of state. 11 Computer-based and distance-learning courses may be approved by the 12 department so long as providers demonstrate the ability to monitor and 13 verify participation by the applicant for the specified time period. 14 Notwithstanding the foregoing authority to approve computer-based and 15 distance-learning courses, the department may prescribe that specified 16 subjects or hours must be presented in a classroom setting. For 17 purposes of this section, cultural competency is defined as understand- 18 ing cultural norms, preferences and challenges within our diverse commu- 19 nities. 20 § 2. Section 4 of a chapter of the laws of 2021 amending the real 21 property law relating to requiring real estate brokers to receive 22 training in cultural competency, as proposed in legislative bills 23 numbers S.979-A and A.844-A, is amended to read as follows: 24 § 4. This act shall take effect [on the one hundred twentieth day] 25 nine months after it shall have become a law[; provided, however, that26if chapter 392 of the laws of 2019 shall not have taken effect on or27before such date then section three of this act shall take effect on the28same date and in the same manner as such chapter of the laws of 201929takes effect]. 30 § 3. This act shall take effect immediately; provided, however, that 31 section 1 of this act shall take effect on the same date and in the same 32 manner as a chapter of the laws of 2021 amending the real property law 33 relating to requiring real estate brokers to receive training in 34 cultural competency, as proposed in legislative bills numbers S.979-A 35 and A.844-A, takes effect.