A. 8985 2
BY ALL PERSONNEL. SUCH SERVICES REQUIRING SUPERVISION SHALL INCLUDE:
MAINTENANCE, TECHNICAL ASSESSMENTS, SECURITY, ENERGY CONSERVATION, CODE
COMPLIANCES, LABOR RELATIONS, FISCAL BUDGETARY RESPONSIBILITIES, TENANT
RELATIONS, GOVERNMENTAL RELATIONS AND JANITORIAL SERVICES.
2. THE TERM "RESIDENTIAL REAL PROPERTY MANAGER" SHALL MEAN A PERSON,
FIRM, ASSOCIATION OR CORPORATION, WHO PERFORMS SUPERVISORY RESIDENTIAL
REALTY MANAGEMENT SERVICES, EXCEPT THAT SUCH TERM SHALL NOT INCLUDE: (A)
ANY REGULARLY SALARIED OFFICER OR EMPLOYEE OF A RESIDENTIAL REAL PROPER-
TY MANAGER OR REALTY MANAGER WHO DOES NOT PERFORM RESIDENTIAL REAL PROP-
ERTY MANAGEMENT SERVICES OR WHOSE COMPENSATION IS NOT DIRECTLY DEPENDENT
UPON THE PERFORMANCE OF RESIDENTIAL REAL PROPERTY MANAGEMENT SERVICES;
(B) THE OWNER OF AN OWNER OCCUPIED MULTIPLE DWELLING; (C) ANY TENANT
ASSOCIATION; AND (D) ANY OWNER OF A DWELLING OF A MAXIMUM OF SIX UNITS,
WHICH SAID OWNER MAINTAINS, REPAIRS, OR OTHERWISE MANAGES HIMSELF OR
HERSELF, UNLESS SAID OWNER SHALL CHOOSE TO BECOME LICENSED HEREUNDER.
3. THE TERM "SECRETARY" MEANS THE SECRETARY OF STATE.
4. THE TERM "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF STATE.
5. THE TERM "LICENSEE" SHALL MEAN ANY PERSON, FIRM, ASSOCIATION OR
CORPORATION, THAT HAS BEEN GRANTED A LICENSE TO ENGAGE IN RESIDENTIAL
REAL PROPERTY MANAGEMENT.
6. THE TERM "SUPERVISION" SHALL MEAN THE ADMINISTRATION, MANAGEMENT,
DIRECTION AND CONTROL OF THE DAILY OPERATION OF A RESIDENTIAL REAL PROP-
ERTY MANAGEMENT OFFICE.
S 448-A. LICENSE REQUIRED FOR RESIDENTIAL REAL PROPERTY MANAGEMENT. NO
PERSON, FIRM, ASSOCIATION OR CORPORATION SHALL ACT AS A RESIDENTIAL REAL
PROPERTY MANAGER IN THIS STATE OR USE THE TITLE "RESIDENTIAL REAL PROP-
ERTY MANAGER" WITHOUT HAVING AUTHORITY TO DO SO BY VIRTUE OF A LICENSE
ISSUED AND IN FORCE PURSUANT TO THE PROVISIONS OF THIS ARTICLE OR EXEMPT
FROM THE LICENSURE REQUIREMENTS OF THIS SECTION.
S 448-B. REQUIREMENTS FOR A PROFESSIONAL LICENSE AS A RESIDENTIAL REAL
PROPERTY MANAGER. 1. THE SECRETARY MAY ISSUE A LICENSE TO ANY PERSON,
FIRM, ASSOCIATION OR CORPORATION WHO HAS COMPLIED WITH THE REQUIREMENTS
OF THIS SECTION, AND SUCH REGULATIONS AS THE SECRETARY SHALL PROMULGATE
AUTHORIZING SUCH LICENSEE TO ACT AS A RESIDENTIAL REAL PROPERTY MANAGER
TO REPRESENT TO THE PUBLIC THAT HE IS A RESIDENTIAL REAL PROPERTY MANAG-
ER.
2. ANY SUCH LICENSE ISSUED TO A FIRM OR ASSOCIATION SHALL AUTHORIZE
ONLY THE MEMBERS THEREOF, NAMED IN SUCH LICENSE AS LICENSEES, TO ACT
INDIVIDUALLY AS RESIDENTIAL REAL PROPERTY MANAGERS THEREUNDER; ANY SUCH
LICENSE ISSUED TO A CORPORATION SHALL AUTHORIZE ONLY THE OFFICERS AND
DIRECTORS THEREOF, NAMED IN SUCH LICENSE AS LICENSEES, TO ACT INDIVID-
UALLY AS RESIDENTIAL REAL PROPERTY MANAGERS THEREUNDER.
3. EVERY INDIVIDUAL APPLICANT FOR A LICENSE UNDER THIS ARTICLE AND
EVERY PROPOSED LICENSEE SHALL:
(A) BE EIGHTEEN YEARS OF AGE OR OVER AT THE TIME OF THE ISSUANCE OF
SUCH LICENSE;
(B) BE A UNITED STATES CITIZEN OR AN ALIEN LAWFULLY ADMITTED FOR
PERMANENT RESIDENCE IN THE UNITED STATES;
(C) HAVE RECEIVED AN EDUCATION AT AN INSTITUTION APPROVED BY THE
SECRETARY AND THE COMMISSIONER OF EDUCATION INCLUDING STUDIES IN THE
OPERATIONS (TECHNICAL AND ADMINISTRATIVE), MAINTENANCE, SECURITY, ENERGY
CONSERVATION OF MULTIPLE DWELLINGS, THE OPERATION AND MAINTENANCE OF ALL
EQUIPMENT, MACHINERY AND FACILITIES OF MULTIPLE DWELLINGS; AND HAVE A
KNOWLEDGE AND UNDERSTANDING OF THE BASIC PRINCIPLES OF THE LAW OF AGEN-
CY, CONTRACTS, LABOR RELATIONS AND TENANT RELATIONS;
A. 8985 3
(D) FILE WITH THE DEPARTMENT AT ITS OFFICE IN ALBANY AN APPLICATION
FOR THE TYPE OF LICENSE DESIRED, IN SUCH FORM AND DETAIL AS THE DEPART-
MENT SHALL PRESCRIBE, SETTING FORTH THE FOLLOWING: (I) THE NAME AND
ADDRESS OF THE APPLICANT, AND IF AN INDIVIDUAL THE NAME UNDER WHICH HE
INTENDS TO CONDUCT BUSINESS; IF THE APPLICANT BE A FIRM OR ASSOCIATION
THE NAME AND RESIDENCE ADDRESS OF EACH MEMBER THEREOF AND THE NAME UNDER
WHICH THE BUSINESS IS TO BE CONDUCTED; OR, IF THE APPLICANT BE A CORPO-
RATION, THE NAME OF THE CORPORATION AND THE NAME AND RESIDENCE ADDRESS
OF EACH OF ITS OFFICERS; AND (II) THE PLACE OR PLACES, INCLUDING THE
CITY, TOWN OR VILLAGE, WITH THE STREET AND NUMBER, WHERE THE BUSINESS IS
TO BE CONDUCTED; AND
(E) FURNISH THE DEPARTMENT WITH SUCH FURTHER INFORMATION AS IT MAY
REQUIRE INCLUDING SUFFICIENT PROOF OF HAVING TAKEN AND PASSED A WRITTEN
EXAMINATION AND ANSWERED SUCH QUESTIONS AS MAY BE PREPARED OR CAUSED TO
HAVE BEEN PREPARED BY THE DEPARTMENT TO ENABLE IT TO DETERMINE THE
WORTHINESS OF THE APPLICANT IF AN INDIVIDUAL, OR OF EACH MEMBER OF A
FIRM OR ASSOCIATION OR OF EACH OFFICER OF A CORPORATION FOR WHOM A
LICENSE AS RESIDENTIAL REAL PROPERTY MANAGER IS REQUESTED. SUCH EXAMINA-
TION SHALL BE HELD AT SUCH TIMES AND AT SUCH PLACES AS THE SECRETARY
SHALL DETERMINE. EVERY INDIVIDUAL APPLYING TO TAKE ANY WRITTEN EXAMINA-
TION SHALL, AT THE TIME OF APPLYING THEREFOR, PAY A FEE OF FIFTY DOLLARS
TO THE DEPARTMENT, OR AT THE DISCRETION OF THE SECRETARY, DIRECTLY TO
ANY ORGANIZATION THAT IS UNDER CONTRACT WITH THE SECRETARY TO PROVIDE
EXAMINATION SERVICES, AN EXAMINATION FEE OF AN AMOUNT WHICH IS THE ACTU-
AL DOCUMENTED ADMINISTRATIVE COST OF CONDUCTING SAID QUALIFYING EXAMINA-
TION, AS CERTIFIED BY THE SECRETARY. THE EXAMINATION FEE REPRESENTS AN
ADMINISTRATIVE EXPENSE AND IS NONREFUNDABLE.
4. THE SECRETARY SHALL HAVE THE POWER TO WAIVE SUCH WRITTEN EXAMINA-
TION FOR ANY INDIVIDUAL SEEKING TO BE NAMED A LICENSEE WHO HAS BEEN
EMPLOYED, FULL-TIME, IN THE PROVISION AND SUPERVISION OF SERVICES WITHIN
A MULTIPLE DWELLING, INCLUDING TECHNICAL AND ADMINISTRATIVE SERVICES,
MAINTENANCE, SECURITY, ENERGY CONSERVATION, CODE COMPLIANCE, LABOR
RELATIONS, FISCAL BUDGETARY RESPONSIBILITIES, TENANT RELATIONS, GOVERN-
MENTAL RELATIONS AND JANITORIAL SERVICES FOR TWO YEARS PRECEDING THE
EFFECTIVE DATE OF THIS SECTION; PROVIDED, HOWEVER, THAT UPON APPLICATION
FOR RENEWAL OF A REAL PROPERTY MANAGER'S LICENSE, ANY APPLICANT FOR WHOM
A WRITTEN EXAMINATION HAS BEEN WAIVED, SHALL, PRIOR TO THE RENEWAL OF
HIS OR HER LICENSE, FURNISH THE DEPARTMENT WITH PROOF OF HAVING RECEIVED
AN EDUCATION OF THE KIND SPECIFIED IN PARAGRAPH (C) OF SUBDIVISION THREE
OF THIS SECTION.
5. EACH APPLICATION FOR A RESIDENTIAL REAL PROPERTY MANAGER'S LICENSE
UNDER THIS ARTICLE SHALL BE SUBSCRIBED BY THE APPLICANT; OR IF MADE BY A
FIRM OR ASSOCIATION IT SHALL BE SUBSCRIBED BY A MEMBER THEREOF, OR IF
MADE BY A CORPORATION IT SHALL BE SUBSCRIBED BY AN OFFICER THEREOF. EACH
APPLICATION SHALL CONTAIN AN AFFIRMATION BY THE PERSON SO SUBSCRIBING
THAT THE STATEMENTS THEREIN ARE TRUE UNDER THE PENALTIES OF PERJURY. AN
APPLICATION FOR A LICENSE SHALL BE ACCOMPANIED BY THE APPROPRIATE
LICENSE FEE, AS HEREINAFTER PRESCRIBED BY THIS ARTICLE.
6. (A) A LICENSE ISSUED OR REISSUED UNDER THE PROVISIONS OF THIS ARTI-
CLE SHALL ENTITLE THE PERSON, FIRM, ASSOCIATION OR CORPORATION TO ACT AS
A RESIDENTIAL REAL PROPERTY MANAGER IN THIS STATE UP TO AND INCLUDING
THE THIRTIETH DAY OF NOVEMBER OF THE YEAR IN WHICH THE LICENSE BY ITS
TERMS EXPIRES.
(B) FROM AND AFTER THE DATE WHEN THIS SUBDIVISION SHALL TAKE EFFECT,
THE TERM FOR WHICH A LICENSE SHALL BE ISSUED OR REISSUED SHALL BE A
PERIOD OF TWO YEARS.
A. 8985 4
7. (A) THE FEE FOR A LICENSE ISSUED OR REISSUED UNDER THE PROVISIONS
OF THIS ARTICLE ENTITLING A PERSON, FIRM, ASSOCIATION OR CORPORATION TO
ACT AS A RESIDENTIAL REAL PROPERTY MANAGER SHALL BE ONE HUNDRED FIFTY
DOLLARS. SUCH LICENSE FEE SHALL BE SUBJECT TO A BIANNUAL INCREASE OF TEN
PERCENT, WHERE SUCH INCREASE SHALL BE DEEMED NECESSARY AT THE DISCRETION
OF THE SECRETARY.
(B) IF THE LICENSE BE FOR A FIRM, ASSOCIATION OR CORPORATION, THE
LICENSE ISSUED TO IT SHALL ENTITLE THE PRESIDENT THEREOF TO ACT AS A
RESIDENTIAL REAL PROPERTY MANAGER. FOR EACH OTHER MEMBER OF THE FIRM OR
ASSOCIATION, OR OTHER OFFICER OF THE CORPORATION WHO SHALL DESIRE TO ACT
AS RESIDENTIAL REAL PROPERTY MANAGER ON BEHALF OF SUCH FIRM, ASSOCIATION
OR CORPORATION, THE FEE FOR THEIR LICENSE, SHALL BE THE SAME AS THE FEE
REQUIRED BY THIS SUBDIVISION.
S 448-C. OFFICIAL REGISTRY OF RESIDENTIAL REAL PROPERTY MANAGERS TO BE
KEPT BY THE SECRETARY. IT SHALL BE THE DUTY OF THE SECRETARY TO ENTER IN
A BOUND BOOK OR VOLUME TO BE KEPT BY HIM OR HER FOR THAT PURPOSE A LIST
OF ALL RESIDENTIAL REAL PROPERTY MANAGERS, WHICH SHALL BE KNOWN AND
DESIGNATED AS AND IS HEREBY MADE THE "OFFICIAL REGISTER OF RESIDENTIAL
REAL PROPERTY MANAGERS LICENSED IN THE STATE OF NEW YORK". THE SAID
"OFFICIAL REGISTER OF RESIDENTIAL REAL PROPERTY MANAGERS LICENSED IN THE
STATE OF NEW YORK" IS HEREBY DECLARED TO BE A PUBLIC RECORD AND PRESUMP-
TIVE EVIDENCE THAT THE INDIVIDUALS NAMED THEREIN ARE LICENSED TO PRAC-
TICE RESIDENTIAL REAL PROPERTY MANAGEMENT IN THIS STATE.
S 448-D. ANNUAL REGISTRATION OF RESIDENTIAL REAL PROPERTY MANAGERS. 1.
A RESIDENTIAL REAL PROPERTY MANAGER, OR SUB-LICENSEES THEREOF, LICENSED
AFTER THE ENACTMENT OF THIS SECTION SHALL FILE A REGISTRATION STATEMENT
WITHIN SIXTY DAYS OF THE DATE OF LICENSURE.
2. RESIDENTIAL REAL PROPERTY MANAGERS AND SUB-LICENSEES THEREOF SHALL
REGISTER ANNUALLY ON THE DATES PRESCRIBED BY THE SECRETARY. IN THE
EVENT OF A CHANGE IN INFORMATION PREVIOUSLY SUBMITTED, RESIDENTIAL REAL
PROPERTY MANAGERS, AND LICENSEES THEREOF, SHALL FILE AN AMENDED STATE-
MENT WITHIN THIRTY DAYS OF SUCH CHANGE.
3. THE SECRETARY SHALL PRESCRIBE THE CONTENT OF, AND FORM IN WHICH,
SUCH REGISTRY OF RESIDENTIAL REAL PROPERTY MANAGERS AND LICENSEES THERE-
OF SHALL BE MAINTAINED AND THE PROCEDURES FOR PUBLIC ACCESS THERETO, AND
MAY PROMULGATE ALL OTHER RULES AND REGULATIONS DEEMED NECESSARY AND
APPROPRIATE TO IMPLEMENT AND ENFORCE THE PROVISIONS OF THIS SECTION.
4. THE ANNUAL REGISTRATION FEE SHALL BE ONE HUNDRED FIFTY DOLLARS.
S 448-E. RENEWAL OF LICENSES. 1. ANY LICENSE GRANTED UNDER THE
PROVISIONS OF THIS ARTICLE MAY BE RENEWED BY THE DEPARTMENT UPON APPLI-
CATION THEREFOR BY THE HOLDER THEREOF, IN SUCH FORM AS THE DEPARTMENT
MAY PRESCRIBE, AND PAYMENT OF THE FEE FOR SUCH LICENSE. IN THE CASE OF
APPLICATION FOR RENEWAL OF LICENSE, THE DEPARTMENT MAY DISPENSE WITH THE
REQUIREMENT OF SUCH STATEMENTS AS IT DEEMS UNNECESSARY IN VIEW OF THOSE
CONTAINED IN THE ORIGINAL APPLICATION FOR LICENSE.
2. A RENEWAL PERIOD WITHIN THE MEANING OF THIS ARTICLE IS CONSIDERED
TO BE TWO YEARS FROM THE DATE OF EXPIRATION OF A PREVIOUSLY ISSUED
LICENSE.
3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOUR OF SECTION FOUR
HUNDRED FORTY-EIGHT-B OF THIS ARTICLE, THE DEPARTMENT SHALL REQUIRE ANY
APPLICANT, WHO DOES NOT APPLY FOR RENEWAL OF LICENSE WITHIN SUCH PERIOD,
TO QUALIFY BY PASSING THE WRITTEN EXAMINATION AS PROVIDED HEREIN. THE
DEPARTMENT MAY REQUIRE ANY LICENSEE WHO DOES NOT PASS THE WRITTEN EXAM-
INATION, AND WHO CANNOT REASONABLY PROVE TO THE SATISFACTION OF THE
DEPARTMENT, THAT HE CAN MEET THE COMPETENCY REQUIREMENT, TO PASS THE
WRITTEN EXAMINATION BEFORE A RENEWAL OF LICENSE SHALL BE GRANTED.
A. 8985 5
S 448-F. FIDUCIARY CAPACITY OF RESIDENTIAL REAL PROPERTY MANAGERS.
EVERY RESIDENTIAL REAL PROPERTY MANAGER IN THIS STATE SHALL HAVE A FIDU-
CIARY RESPONSIBILITY FOR ALL FUNDS RECEIVED OR COLLECTED ON BEHALF OF
THE OWNER AND THE TENANTS OF MULTIPLE DWELLINGS AND SHALL NOT, WITHOUT
THE EXPRESS CONSENT OF SUCH OWNERS OR TENANTS, COMMINGLE ANY SUCH FUNDS
WITH HIS OR HER OWN FUNDS OR WITH FUNDS HELD BY HIM OR HER.
S 448-G. REVOCATION OR SUSPENSION OF LICENSE OF RESIDENTIAL REAL PROP-
ERTY MANAGER. 1. THE SECRETARY MAY REFUSE TO RENEW, REVOKE, OR MAY
SUSPEND, FOR A PERIOD HE OR SHE DETERMINES, THE LICENSE OF ANY RESIDEN-
TIAL REAL PROPERTY MANAGER, IF, AFTER NOTICE AND HEARING, HE OR SHE
DETERMINES THAT THE LICENSEE HAS:
(A) VIOLATED ANY PROVISION OF THIS ARTICLE OR VIOLATED ANY LAW IN THE
COURSE OF HIS OR HER DEALINGS IN SUCH CAPACITY;
(B) MADE A MATERIAL MISSTATEMENT IN THE APPLICATION FOR SUCH LICENSE;
(C) BEEN GUILTY OF FRAUDULENT OR DISHONEST PRACTICES; OR
(D) DEMONSTRATED HIS OR HER INCOMPETENCE TO ACT IN SUCH CAPACITY BY
ENGAGING IN ANY COURSE OF CONDUCT WHICH INCLUDES, BUT IS NOT LIMITED TO,
CAUSING THE INTERRUPTION OR DISCONTINUANCE OF ESSENTIAL SERVICES, INTER-
FERING WITH OR DISTURBING THE PEACE, COMFORT, REPOSE AND QUIET ENJOYMENT
OF A TENANT OR TENANTS.
2. BEFORE REVOKING OR SUSPENDING THE LICENSE OF ANY RESIDENTIAL REAL
PROPERTY MANAGER, THE SECRETARY SHALL GIVE NOTICE TO THE LICENSEE AND
SHALL HOLD, OR CAUSE TO BE HELD, A HEARING. THE HEARING SHALL BE HELD
NOT LESS THAN TEN DAYS AFTER THE GIVING OF SUCH NOTICE, AT SUCH TIME AND
PLACE AS THE DEPARTMENT SHALL PRESCRIBE.
3. THE REVOCATION OR SUSPENSION OF ANY RESIDENTIAL REAL PROPERTY
MANAGER'S LICENSE SHALL TERMINATE FORTHWITH THE LICENSE OF THE RESIDEN-
TIAL REAL PROPERTY MANAGER, AND IN THE CASE OF A FIRM, ASSOCIATION OR
CORPORATION, SHALL TERMINATE FORTHWITH THE AUTHORITY CONFERRED THEREBY
UPON ALL LICENSEES.
4. (A) NO PERSON WHOSE LICENSE HAS BEEN REVOKED SHALL BE ENTITLED TO
OBTAIN ANY LICENSE OF THE KIND WHICH WAS SO REVOKED FOR A PERIOD OF ONE
YEAR AFTER SUCH REVOCATION, OR, IF SUCH REVOCATION IS JUDICIALLY
REVIEWED, FOR ONE YEAR AFTER THE FINAL DETERMINATION THEREOF AFFIRMING
THE ACTION OF THE SECRETARY IN REVOKING SUCH LICENSE.
(B) IF ANY SUCH LICENSE HELD BY A FIRM, ASSOCIATION OR CORPORATION, IS
REVOKED, NO MEMBER OF SUCH FIRM OR ASSOCIATION, AND NO OFFICER OR DIREC-
TOR OF SUCH CORPORATION, SHALL BE ENTITLED TO OBTAIN ANY LICENSE OF THE
KIND WHICH WAS SO REVOKED, OR TO BE NAMED AS A LICENSEE IN ANY SUCH
LICENSE, FOR THE SAME PERIOD OF TIME, UNLESS THE SECRETARY DETERMINES,
AFTER NOTICE AND HEARING, THAT SUCH MEMBER, OFFICER OR DIRECTOR WAS NOT
PERSONALLY AT FAULT IN THE MATTER ON ACCOUNT OF WHICH SUCH LICENSE WAS
REVOKED.
S 448-H. DENIAL OF LICENSE. 1. THE DEPARTMENT SHALL, BEFORE MAKING A
FINAL DETERMINATION TO DENY AN APPLICATION FOR A LICENSE, NOTIFY THE
APPLICANT IN WRITING OF THE REASONS FOR SUCH PROPOSED DENIAL AND SHALL
AFFORD THE APPLICANT AN OPPORTUNITY TO BE HEARD IN PERSON OR BY COUNSEL
PRIOR TO DENIAL OF THE APPLICATION. SUCH NOTIFICATION SHALL BE SERVED IN
ANY MANNER AUTHORIZED BY THE CIVIL PRACTICE LAW AND RULES.
2. IF A HEARING IS REQUESTED, SUCH HEARING SHALL BE HELD AT SUCH TIME
AND PLACE AS THE DEPARTMENT SHALL PRESCRIBE. IF THE APPLICANT FAILS TO
MAKE A WRITTEN REQUEST FOR A HEARING WITHIN THIRTY DAYS AFTER RECEIPT OF
SUCH NOTIFICATION, THEN THE NOTIFICATION OF DENIAL SHALL BECOME THE
FINAL DETERMINATION OF THE DEPARTMENT.
3. (A) THE DEPARTMENT, ACTING BY SUCH OFFICER OR PERSON IN THE DEPART-
MENT AS THE SECRETARY MAY DESIGNATE, SHALL HAVE THE POWER TO SUBPOENA
A. 8985 6
AND BRING BEFORE THE OFFICER OR PERSON SO DESIGNATED ANY PERSON IN THIS
STATE, AND ADMINISTER AN OATH TO AND TAKE TESTIMONY OF ANY PERSON OR
CAUSE HIS OR HER DEPOSITION TO BE TAKEN. A SUBPOENA ISSUED UNDER THIS
SECTION SHALL BE REGULATED BY THE CIVIL PRACTICE LAW AND RULES.
(B) IF, AFTER SUCH HEARING, THE APPLICATION IS DENIED, WRITTEN NOTICE
OF SUCH DENIAL SHALL BE SERVED UPON THE APPLICANT IN ANY MANNER AUTHOR-
IZED BY THE CIVIL PRACTICE LAW AND RULES.
(C) DENIAL OF A LICENSE UNDER THIS SECTION SHALL IN NO WAY AFFECT AN
APPLICANT'S RIGHT TO REAPPLY.
S 448-I. JUDICIAL REVIEW. THE ACTION OF THE DEPARTMENT IN GRANTING OR
REFUSING TO GRANT OR TO RENEW A LICENSE UNDER THIS ARTICLE, OR IN REVOK-
ING OR SUSPENDING SUCH A LICENSE, OR IMPOSING ANY FINE OR REPRIMAND ON
THE HOLDER THEREOF OR REFUSING TO REVOKE OR SUSPEND SUCH LICENSE OR
IMPOSE ANY FINE OR REPRIMAND SHALL BE SUBJECT TO REVIEW BY A PROCEEDING
BROUGHT UNDER AND PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRAC-
TICE LAW AND RULES AT THE INSTANCE OF THE APPLICANT FOR SUCH LICENSE,
THE HOLDER OF A LICENSE SO REVOKED OR SUSPENDED, THE PERSON FINED OR
REPRIMANDED OR THE PERSON AGGRIEVED.
S 448-J. PENALTIES FOR VIOLATIONS. 1. THE SECRETARY, IN LIEU OF REVOK-
ING OR SUSPENDING THE LICENSE OF A LICENSEE IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION, MAY IN ANY ONE PROCEEDING BY ORDER, REQUIRE
THE LICENSEE TO PAY TO THE PEOPLE OF THIS STATE, A PENALTY IN A SUM NOT
EXCEEDING FIVE HUNDRED DOLLARS FOR EACH OFFENSE, AND A PENALTY IN A SUM
NOT EXCEEDING TWENTY-FIVE HUNDRED DOLLARS IN THE AGGREGATE FOR ALL
OFFENSES.
2. ANY PERSON, FIRM, ASSOCIATION OR CORPORATION VIOLATING ANY
PROVISION OF THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR. THE COMMIS-
SION OF A SINGLE ACT PROHIBITED BY THIS ARTICLE SHALL CONSTITUTE A
VIOLATION HEREOF.
3. CRIMINAL ACTIONS FOR VIOLATIONS OF THIS ARTICLE SHALL BE PROSECUTED
BY THE ATTORNEY GENERAL, OR HIS OR HER DEPUTY, IN THE NAME OF THE PEOPLE
OF THE STATE, AND IN ANY SUCH PROSECUTION THE ATTORNEY GENERAL, OR HIS
OR HER DEPUTY, SHALL EXERCISE ALL THE POWERS AND PERFORM ALL THE DUTIES
WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED TO EXERCISE OR
TO PERFORM THEREIN. THE ATTORNEY GENERAL SHALL, UPON A CONVICTION FOR A
VIOLATION OF ANY PROVISION OF THIS ARTICLE, AND WITHIN TEN DAYS THERE-
AFTER, MAKE AND FILE WITH THE SECRETARY A DETAILED REPORT SHOWING THE
DATE OF SUCH CONVICTION, THE NAME OF THE PERSON CONVICTED AND THE EXACT
NATURE OF THE CHARGE.
4. IN CASE THE OFFENDER SHALL HAVE RECEIVED ANY SUM OF MONEY AS
COMPENSATION OR PROFIT BY OR IN CONSEQUENCE OF HIS OR HER VIOLATION OF
ANY PROVISION OF THIS ARTICLE, HE OR SHE SHALL ALSO BE LIABLE TO A
PENALTY OF NOT LESS THAN THE AMOUNT OF THE SUM OF MONEY RECEIVED BY HIM
OR HER AS SUCH COMPENSATION OR PROFIT AND NOT MORE THAN THREE TIMES THE
SUM SO RECEIVED BY HIM OR HER, AS MAY BE DETERMINED BY THE COURT, WHICH
PENALTY MAY BE SUED FOR AND RECOVERED BY ANY PERSON AGGRIEVED AND FOR
HIS OR HER USE AND BENEFIT, IN ANY COURT OF COMPETENT JURISDICTION.
5. THE SECRETARY SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS OF
THIS ARTICLE AND UPON COMPLAINT OF ANY PERSON, OR ON HIS OR HER OWN
INITIATIVE, TO INVESTIGATE THE BUSINESS, BUSINESS PRACTICES AND BUSINESS
METHODS OF ANY PERSON, FIRM, ASSOCIATION OR CORPORATION APPLYING FOR OR
HOLDING A LICENSE AS A RESIDENTIAL REALTY MANAGER OR REALTY MANAGER, IF
IN HIS OR HER OPINION SUCH INVESTIGATION WARRANTED. EACH SUCH APPLICANT
OR LICENSEE SHALL BE OBLIGED, ON REQUEST OF THE SECRETARY TO SUPPLY SUCH
INFORMATION AS MAY BE REQUIRED CONCERNING HIS OR HER OR ITS BUSINESS,
A. 8985 7
BUSINESS PRACTICES OR BUSINESS METHODS, OR PROPOSED BUSINESS PRACTICES
OR METHODS.
6. FOR THE PURPOSE OF ENFORCING THE PROVISIONS OF THIS ARTICLE AND IN
MAKING INVESTIGATIONS RELATING TO ANY VIOLATION THEREOF, AND FOR THE
PURPOSE OF INVESTIGATING THE CHARACTER, COMPETENCY AND INTEGRITY OF THE
APPLICANTS OR LICENSEES HEREUNDER, AND FOR THE PURPOSE OF INVESTIGATING
THE BUSINESS, BUSINESS PRACTICES AND BUSINESS METHODS OF ANY APPLICANT
OR LICENSEE, OR OF THE OFFICERS OR AGENTS THEREOF, THE SECRETARY SHALL
HAVE THE POWER TO SUBPOENA AND BRING BEFORE THE OFFICER OR PERSON SO
DESIGNATED ANY PERSON IN THIS STATE AND REQUIRE THE PRODUCTION OF ANY
BOOKS OR PAPERS WHICH HE DEEMS RELEVANT TO THE INQUIRY, AND ADMINISTER
AN OATH TO AND TAKE TESTIMONY OF ANY PERSON OR CAUSE HIS OR HER DEPOSI-
TION TO BE TAKEN WITH THE SAME FEES AND MILEAGE AND IN THE SAME MANNER
AS PRESCRIBED BY LAW FOR CIVIL CASES IN A COURT OF RECORD, EXCEPT THAT
ANY APPLICANT OR LICENSEE OR OFFICER OR AGENT THEREOF SHALL NOT BE ENTI-
TLED TO SUCH FEES AND/OR MILEAGE. ANY PERSON, DULY SUBPOENAED, WHO FAILS
TO OBEY SUCH SUBPOENA WITHOUT REASONABLE CAUSE OR WITHOUT SUCH CAUSE
REFUSES TO BE EXAMINED OR TO ANSWER ANY LEGAL OR PERTINENT QUESTION AS
TO THE CHARACTER OR QUALIFICATION OF SUCH APPLICANT OR LICENSEE OR SUCH
APPLICANT'S OR LICENSEE'S BUSINESS, BUSINESS PRACTICES AND METHODS OF
SUCH VIOLATIONS, SHALL BE GUILTY OF A MISDEMEANOR.
7. IN ANY CRIMINAL PROCEEDING BEFORE ANY COURT, MAGISTRATE OR GRAND
JURY, OR UPON ANY INVESTIGATION BEFORE THE DEPARTMENT FOR A VIOLATION OF
ANY OF THE PROVISIONS OF THIS SECTION, THE COURT, MAGISTRATE OR GRAND
JURY, OR THE SECRETARY, HIS OR HER DEPUTY OR OTHER OFFICER CONDUCTING
THE INVESTIGATION, MAY CONFER IMMUNITY, IN ACCORDANCE WITH THE
PROVISIONS OF THE CRIMINAL PROCEDURE LAW.
S 448-K. STAY OR SUSPENSION OF SECRETARY'S DETERMINATION. THE
COMMENCEMENT OF AN ARTICLE SEVENTY-EIGHT PROCEEDING UNDER THE CIVIL
PRACTICE LAW AND RULES, TO REVIEW THE ACTION OF THE SECRETARY IN GRANT-
ING OR REFUSING TO GRANT, OR IN RENEWING OR REFUSING TO RENEW A LICENSE
UNDER THIS ARTICLE, OR IN REVOKING OR SUSPENDING SUCH LICENSE, OR IMPOS-
ING ANY FINE OR REPRIMAND SHALL STAY SUCH ACTION OF THE SECRETARY FOR A
PERIOD OF THIRTY DAYS. SUCH STAY SHALL NOT BE EXTENDED FOR A LONGER
PERIOD UNLESS THE COURT SHALL DETERMINE, AFTER A PRELIMINARY HEARING,
THAT A STAY OF THE SECRETARY'S ACTION PENDING THE FINAL DETERMINATION OF
FURTHER ORDER OF THE COURT WILL NOT UNDULY INJURE THE INTERESTS OF THE
PEOPLE OF THE STATE. THE DEPARTMENT MUST BE GIVEN AT LEAST FORTY-EIGHT
HOURS NOTICE PRIOR TO SAID PRELIMINARY HEARING.
S 448-L. RULES AND REGULATIONS. THE SECRETARY MAY PROMULGATE RULES AND
REGULATIONS NECESSARY TO ACCOMPLISH THE PURPOSES OF THIS ARTICLE.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.