Bill Text: NY S03564 | 2025-2026 | General Assembly | Introduced
Bill Title: Allocates fines imposed on real estate appraisers to the anti-discrimination in housing fund; provides that a fine not exceeding two thousand dollars may be imposed on real estate appraisers for certain acts or omissions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2025-01-28 - REFERRED TO FINANCE [S03564 Detail]
Download: New_York-2025-S03564-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3564 2025-2026 Regular Sessions IN SENATE January 28, 2025 ___________ Introduced by Sens. CLEARE, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law and the state finance law, in relation to allocating fines imposed on real estate appraisers to the anti-dis- crimination in housing fund The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of subdivision 1 of section 160-u of 2 the executive law, as amended by chapter 397 of the laws of 1991, is 3 amended to read as follows: 4 The rights of any holder under a state certificate as a state certi- 5 fied real estate appraiser, or a license as a state licensed real estate 6 appraiser, may be revoked or suspended, a fine not exceeding two thou- 7 sand dollars may be imposed on any holder of the certification or 8 license, provided that fifty percent of all moneys received by the 9 department of state for such fines shall be payable to the anti-discri- 10 mination in housing fund established pursuant to section eighty-a of the 11 state finance law, or the holder of the certification or license may be 12 otherwise disciplined in accordance with the provisions of this article, 13 upon any of the grounds set forth in this section. The department may 14 investigate the actions of a state certified or licensed real estate 15 appraiser, and may revoke or suspend the rights of a certificate or 16 license holder impose a fine on a certificate or license holder, or 17 otherwise discipline a state certified or licensed real estate appraiser 18 for any of the following acts or omissions: 19 § 2. Subdivision 9 of section 160-e of the executive law, as amended 20 by chapter 397 of the laws of 1991, is amended to read as follows: 21 9. To suspend and revoke certificates or licenses or impose fines 22 pursuant to the disciplinary proceedings provided for in this article. 23 § 3. Subdivision 1 of section 160-v of the executive law, as amended 24 by chapter 241 of the laws of 1999, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04503-01-5S. 3564 2 1 1. Before suspending or revoking any certification or license or 2 imposing any fines on a holder of a certification or license, the 3 department shall notify the state certified or licensed real estate 4 appraiser or licensed real estate appraiser assistant in writing of any 5 charges made at least twenty days prior to the date set for the hearing 6 and shall afford [him or her] the holder an opportunity to be heard in 7 person or by counsel. 8 § 4. Subdivision 2 of section 160-w of the executive law, as amended 9 by chapter 241 of the laws of 1999, is amended to read as follows: 10 2. If the department determined that a state certified or licensed 11 real estate appraiser or licensed real estate appraiser assistant is 12 guilty of a violation of any of the provisions of this article, it shall 13 prepare a finding of fact and recommend that such appraiser be repri- 14 manded or that [his or her] the appraiser's certification or license be 15 suspended or revoked or that a fine be imposed. The decision and order 16 of the department shall be final. 17 § 5. Subdivisions 2 and 3 of section 80-a of the state finance law, 18 subdivision 2 as added by chapter 687 of the laws of 2021, and subdivi- 19 sion 3 as amended by chapter 89 of the laws of 2022, are amended to 20 read as follows: 21 2. The anti-discrimination in housing fund shall consist of moneys 22 appropriated thereto, moneys transferred from any other fund or sources, 23 fifty percent of all fines and forfeitures collected pursuant to subdi- 24 vision one of section one hundred sixty-u of the executive law, and 25 fifty percent of all fines and forfeitures collected pursuant to para- 26 graph (a) of subdivision one of section four hundred forty-one-c of the 27 real property law. Nothing contained in this section shall prevent the 28 state from receiving grants, gifts or bequests for the purposes of the 29 fund as defined in this section and depositing them into the fund 30 according to law. 31 3. The moneys in the anti-discrimination in housing fund shall be kept 32 separate from and shall not be commingled with any other moneys in the 33 custody of the state comptroller. Such moneys shall be made available to 34 the office of the attorney general, for fair housing testing, including 35 but not limited to testing real estate appraisers, through allocation of 36 grants to duly applying county, city, town or village human rights 37 commissions, or other duly applying county, city, town, village or not- 38 for-profit entities specializing in the prevention of unlawful discrimi- 39 nation in housing, to detect unlawful discrimination in housing. 40 § 6. This act shall take effect immediately.
