NY State Senate Bill 2017-S9081

Senate Bill S9081

2017-2018 Legislative Session

Relates to designating the county of Kings a cease and desist zone and establishing an affirmative defense to violations of nonsolicitation orders and cease and desist zones

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2018	referred to rules

2017-S9081 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Real Property Law
Laws Affected:: Add §442-hh, amd §442-h, RP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1253
2021-2022: S2913
2023-2024: S7971

2017-S9081 (ACTIVE) - Summary

Relates to designating the county of Kings a cease and desist zone; establishes an affirmative defense to violations of nonsolicitation orders and cease and desist zones.

2017-S9081 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9081

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the real property law, in relation to
designating the county of Kings a cease and desist zone and establishing
an affirmative defense to violations of nonsolicitation orders and cease
and desist zones

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to institute a real estate cease and desist
program in Brooklyn with a 5-year active period.

 
SUMMARY OF PROVISIONS:

Section 1 the real property law is amended by adding a new section 442-
hh

§ 2. Section 442-h of the real property law is amended by adding a new
subdivision 4

§ 3. This act shall take effect on the thirtieth day after it shall have
become a law and shall apply to all non-solicitation orders issued on
and after such effective date.

 
JUSTIFICATION:

In order to curb aggressive real estate solicitation practices, the
State legislature designated the entire County of Queens a "cease and
desist zone" in 1989. This law allowed homeowners in Queens to place
their names and addresses on a cease and desist list, providing them a
choice to opt out of receiving unwanted real estate solicitation at
their homes.

This legislation would designate a real estate cease and desist program
in the entire county of Kings to provide homeowners with a means to
effectively express their wish not to be solicited by real estate
brokers or agents.

 
PRIOR LEGISLATIVE HISTORY:

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

None known.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it becomes a law
and shall apply to all nonsolicitation orders issued on and after such
effective date.

2017-S9081 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9081
 
                             I N  S E N A T E
 
                               June 15, 2018
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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  designating  the
   county  of  Kings a cease and desist zone and establishing an affirma-
   tive defense to violations of nonsolicitation  orders  and  cease  and
   desist zones

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property law is amended by adding  a  new  section
 442-hh to read as follows:
   §  442-HH.  DESIGNATING  THE  COUNTY OF KINGS A CEASE AND DESIST ZONE.
 NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRARY,  THE
 COUNTY  OF KINGS SHALL BE INCLUDED ON THE CEASE AND DESIST LIST COMPILED
 BY THE SECRETARY OF STATE PURSUANT TO SECTION FOUR  HUNDRED  FORTY-TWO-H
 OF THIS ARTICLE.
   § 2. Section 442-h of the real property law is amended by adding a new
 subdivision 4 to read as follows:
   4.  IN ANY ACTION ALLEGING A VIOLATION OF THIS SECTION, IT SHALL BE AN
 AFFIRMATIVE DEFENSE THAT THE OWNER OF RESIDENTIAL REAL PROPERTY INCLUDED
 IN A NONSOLICITATION ORDER OR CEASE AND DESIST ZONE PUBLICIZED THAT SUCH
 PROPERTY WAS FOR SALE THROUGH MEANS INCLUDING BUT NOT LIMITED TO  ADVER-
 TISEMENTS OR REAL ESTATE LISTINGS.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall apply to all nonsolicitation  orders  issued
 on and after such effective date.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16324-01-8

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