Bill Text: NY A01760 | 2021-2022 | 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 3-0)
Status: (Engrossed - Dead) 2022-01-12 - REFERRED TO JUDICIARY [A01760 Detail]
Download: New_York-2021-A01760-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1760 2021-2022 Regular Sessions IN ASSEMBLY January 11, 2021 ___________ Introduced by M. of A. JEAN-PIERRE -- read once and referred to the Committee on Judiciary 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course or 15 courses approved by the secretary of state as to method, content and 16 supervision, which approval may be withdrawn if in the opinion of the 17 secretary of state such course or courses are not being conducted prop- 18 erly as to method, content and supervision.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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04901-01-1A. 1760 2 1 estate brokers and salespersons. To establish compliance with the 2 continuing education requirements imposed by this section, licensees 3 shall provide an affidavit, in a form acceptable to the department of 4 state, establishing the nature of the continuing education acquired and 5 shall provide such further proof as required by the department of state. 6 The provisions of this paragraph shall not apply to any licensed real 7 estate broker who is engaged full time in the real estate business and 8 who has been licensed under this article prior to July first, two thou- 9 sand eight for at least fifteen consecutive years immediately preceding 10 such renewal. 11 § 2. Paragraph (a) of subdivision 3 of section 441 of the real proper- 12 ty law, as amended by chapter 392 of the laws of 2019, is amended as 13 follows: 14 (a) No renewal license shall be issued any licensee under this article 15 for any license period commencing November first, nineteen hundred nine- 16 ty-five unless such licensee shall have within the two year period imme- 17 diately preceding such renewal attended at least [twenty-two] twenty- 18 five and one-half hours which shall include at least [three] six hours 19 of instruction pertaining to fair housing and/or discrimination in the 20 sale or rental of real property or an interest in real property, at 21 least two and one-half hours of instruction pertaining to ethical busi- 22 ness practices, at least one hour of instruction pertaining to recent 23 legal matters governing the practice of real estate brokers and sales- 24 persons in New York which may include statutes, laws, regulations, 25 rules, codes, department of state opinions and decisions, and court 26 decisions and at least one hour of instruction pertaining to the law of 27 agency except in the case of the initial two-year licensing term for 28 real estate salespersons, two hours of agency related instruction must 29 be completed, and successfully completed a continuing education real 30 estate course or courses approved by the secretary of state as to meth- 31 od, content and supervision, which approval may be withdrawn if in the 32 opinion of the secretary of state such course or courses are not being 33 conducted properly as to method, content and supervision. For those 34 individuals licensed pursuant to subdivision six of section four hundred 35 forty-two-g of this article, in the individual's initial license term, 36 at least eleven hours of the required [twenty-two] twenty-five and one- 37 half hours of continuing education shall be completed during the first 38 year of the term. Of those eleven hours, three hours shall pertain to 39 applicable New York state statutes and regulations governing the prac- 40 tice of real estate brokers and salespersons. To establish compliance 41 with the continuing education requirements imposed by this section, 42 licensees shall provide an affidavit, in a form acceptable to the 43 department of state, establishing the nature of the continuing education 44 acquired and shall provide such further proof as required by the depart- 45 ment of state. 46 § 3. Subdivision 3 of section 441 of the real property law is amended 47 by adding a new paragraph (e) to read as follows: 48 (e) The secretary of state shall promulgate rules establishing the 49 content of the instruction pertaining to fair housing and/or discrimi- 50 nation in the sale or rental of real property or an interest in real 51 property required by paragraph (a) of this subdivision. Such instruction 52 shall include, but not be limited to, courses on: (1) the legacy of 53 segregation, unequal treatment, and historic lack of access to opportu- 54 nity in housing; (2) unequal access to amenities and resources on the 55 basis of race, disability, and other protected characteristics; (3) 56 federal, state, and local fair housing laws; and (4) anti-bias training.A. 1760 3 1 § 4. This act shall take effect on the first of July next succeeding 2 the date on which it shall have become a law, provided, however, that if 3 chapter 392 of the laws of 2019, shall not have taken effect on or 4 before such date then section two of this act shall take effect on the 5 same date and in the same manner as such chapter of the laws of 2019, 6 takes effect.
