S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4370

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2013
                               ___________

Introduced  by  M. of A. COOK -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the real property law, in relation to apartment informa-
  tion vendors; and to repeal article 12-C of such law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 12-C of the real property law is REPEALED.
  S 2. Subdivision 1 of section 440 of the real property law, as amended
by chapter 324 of the laws of 1998, is amended to read as follows:
  1.  Whenever  used  in  this  article  "real  estate broker" means any
person, firm, limited liability company or corporation, who, for another
and for a fee, commission or other  valuable  consideration,  lists  for
sale,  sells,  at  auction  or  otherwise,  exchanges, buys or rents, or
offers or attempts  to  negotiate  a  sale,  at  auction  or  otherwise,
exchange, purchase or rental of an estate or interest in real estate, or
collects  or  offers  or  attempts  to  collect rent for the use of real
estate, or negotiates or offers or attempts to negotiate, a loan secured
or to be secured by a mortgage, other than a residential mortgage  loan,
as  defined  in section five hundred ninety of the banking law, or other
incumbrance upon or transfer of real estate, or is engaged in the  busi-
ness  of  a  tenant  relocator  OR APARTMENT INFORMATION VENDOR, or who,
notwithstanding any other provision of law, performs any  of  the  above
stated  functions  with  respect  to  the resale of condominium property
originally sold pursuant to the provisions of the general  business  law
governing  real estate syndication offerings. In the sale of lots pursu-
ant to the provisions of article nine-A of this chapter, the term  "real
estate  broker"  shall also include any person, partnership, association
or corporation employed by or on behalf of the owner or owners  of  lots
or  other  parcels of real estate, at a stated salary, or upon a commis-
sion, or upon a salary and commission, or otherwise, to sell  such  real
estate,  or  any  parts thereof, in lots or other parcels, and who shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06634-01-3
              

A. 4370                             2

sell or exchange, or offer or attempt or agree to negotiate the sale  or
exchange, of any such lot or parcel of real estate. For purposes of this
subdivision  the  term, "interest in real estate" shall include the sale
of  a  business wherein the value of the real estate transferred as part
of the business is not merely incidental to the transaction,  and  shall
not  include  the  assignment  of  a lease, and further, the transaction
itself is not otherwise subject to regulation  under  state  or  federal
laws  governing the sale of securities. In connection with the sale of a
business the term "real estate broker" shall not include a person,  firm
or  corporation registered pursuant to the provisions of article twenty-
three-A of the general business law or federal securities laws.
  S 3. Section 440 of the real property law is amended by adding  a  new
subdivision 7 to read as follows:
  7.  "APARTMENT INFORMATION VENDOR" MEANS ANY PERSON WHO ENGAGES IN THE
BUSINESS OF CLAIMING, DEMANDING,  CHARGING,  RECEIVING,  COLLECTING,  OR
CONTRACTING  FOR THE COLLECTION OF, A FEE FROM A CUSTOMER FOR FURNISHING
INFORMATION CONCERNING THE LOCATION AND AVAILABILITY OF  REAL  PROPERTY,
INCLUDING  APARTMENT  HOUSING,  WHICH  MAY  BE LEASED, RENTED, SHARED OR
SUBLET AS A PRIVATE DWELLING, ABODE, OR PLACE OF RESIDENCE.   THE  DEFI-
NITION  OF APARTMENT INFORMATION VENDOR SHALL INCLUDE AN APARTMENT SHAR-
ING AGENT WHICH MEANS ANY PERSON WHO, FOR  A  FEE,  ARRANGES,  CONDUCTS,
COORDINATES,  HANDLES  OR  CAUSES  MEETINGS  BETWEEN  A CUSTOMER AND THE
CURRENT OWNER OR OCCUPANT OF LEGALLY OCCUPIED REAL  PROPERTY,  INCLUDING
APARTMENT  HOUSING,  WHO  WISHES  TO SHARE THAT HOUSING WITH ONE OR MORE
INDIVIDUALS AS A PRIVATE DWELLING, ABODE OR PLACE OF RESIDENCE,  BUT  IT
SHALL  NOT APPLY TO ANY PERSON WHO FOR ANOTHER AND FOR A FEE, COMMISSION
OR OTHER VALUABLE CONSIDERATION, SUPERVISES, ORGANIZES, ARRANGES,  COOR-
DINATES,  HANDLES  OR  IS  OTHERWISE IN CHARGE OF OR RESPONSIBLE FOR THE
RELOCATION OF COMMERCIAL OR RESIDENTIAL TENANTS FROM BUILDINGS OR STRUC-
TURES THAT ARE TO BE DEMOLISHED, REHABILITATED, REMODELED  OR  OTHERWISE
STRUCTURALLY ALTERED.
  S  4.  The provisions of this act requiring the licensure of apartment
information vendors as real estate  brokers  shall  not  affect  persons
holding  an  apartment  information vendor license, during the unexpired
period of time such persons are currently licensed under article 12-C of
the real property law, prior to the date this act shall  have  become  a
law,  but  all  requirements of practice as set forth in article 12-A of
the real property law shall govern the  practice  and  conduct  of  such
apartment information vendor licensees.
  S 5. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a  law, except that, effective immediately, the
secretary of state and the state real estate board may adopt such  rules
and regulations as may be necessary for the implementation of this act.