NY State Senate Bill 2017-S1895

Senate Bill S1895

2017-2018 Legislative Session

Relates to designating the county of Queens a cease and desist zone and extending nonsolicitation orders to five year periods

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary 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
Jan 03, 2018	referred to judiciary
Jan 11, 2017	referred to judiciary

2017-S1895 (ACTIVE) - Details

See Assembly Version of this Bill:: A5565
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §442-hh, amd §442-h, RP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1379, A7931
2019-2020: A4324

2017-S1895 (ACTIVE) - Summary

Relates to designating the county of Queens a cease and desist zone and extending non-solicitation orders to ten year periods; establishes an affirmative defense to violations of nonsolicitation orders and cease and desist zones.

2017-S1895 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1895

 TITLE OF BILL :  An act to amend the real property law, in relation
to designating the county of Queens 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 reinstitute a real estate cease and
desist program in Queens and to extend the current 5-year active
period to 10 years.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends section 442 of the real property law by
adding a new section 442-hh to designate the county of Queens a cease
and desist zone. It requires the county of Queens be included on the
cease and desist list compiled by the secretary of state pursuant to
section 442-h.

Section 2 of the bill amends section 442-h of the real property law by
extending the current 5-year effective period for non-solicitation
rule to 10 years.

Section 3 of the bill amends section 442-h of the real property law by

adding a new subdivision 4 to create an affirmative defense in cases
where the owner of real property included in a non-solicitation order
or cease and desist zone publicized that such property was for sale
through means including but not limited to advertisements or real
estate listings.

Section 4 of the bill provides for this act to take effect on the
thirtieth day after it becomes a law.

 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. However, in 2009, this vital program was cut back
significantly, leaving only a few neighborhoods eligible for this
protection from repeated unwanted real estate solicitations.

This legislation restores the real estate cease and desist program in
the entire county of Queens to provide homeowners with a means to
effectively express their wish not to be solicited by real estate
brokers or agents. In addition to restoring the cease and desist zone
in Queens, the legislation extends the current 5-year effective period
for non-solicitation rule to ten years, allowing the cease and desist
zone to be effective for 10 years.

 PRIOR LEGISLATIVE HISTORY :

2015-16: S.1379-A/A.7931-A (Weprin)

 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-S1895 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1895
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the real property law, in relation  to  designating  the
   county  of Queens 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 QUEENS A CEASE AND DESIST ZONE.
 NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRARY,  THE
 COUNTY OF QUEENS 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. Paragraph (a) of subdivision 2 and paragraph (c) of subdivision 3
 of section 442-h of the real property law, as amended by chapter 505  of
 the laws of 2001, are amended to read as follows:
   (a)  If,  after  a  public hearing and a reasonable investigation, the
 secretary of state determines that the owners of residential real  prop-
 erty  within  a  defined  geographic  area  are  subject  to intense and
 repeated solicitations by real estate brokers and salespersons or others
 to place their property for sale with such real estate brokers or sales-
 persons, or otherwise to sell their property, and  that  such  solicita-
 tions  have caused owners to reasonably believe that property values may
 decrease because persons of different race, ethnic, social, or religious
 backgrounds are moving or are about to move  into  the  neighborhood  or
 geographic area, the secretary of state may adopt a rule, to be known as
 a nonsolicitation order, directing all real estate brokers, salespersons
 and  other  persons regularly engaged in the trade or business of buying
 and selling real estate to  refrain  from  soliciting  residential  real
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00962-01-7

 S. 1895                             2
 
 estate  listings  or  otherwise  soliciting the sale of residential real
 estate within the subject area. Each area subject to such an order shall
 be bounded or otherwise specifically defined in the order. The nonsolic-
 itation  order  shall  be  subject  to  such terms and conditions as the
 secretary of state may determine are, on balance, in the  best  interest
 of  the  public,  including  but  not limited to the affected owners and
 licensees. A nonsolicitation order may prohibit  any  or  all  types  of
 solicitation  directed towards particular home-owners, including but not
 limited to letters, postcards, telephone calls, door-to-door calls,  and
 handbills. Every nonsolicitation order shall contain a provision setting
 forth  the day, month and year that the order shall become effective, as
 well as the day, month and year that the order shall expire. A nonsolic-
 itation order shall not be effective for more  than  [five]  TEN  years.
 However, a nonsolicitation order and the boundaries of the area where it
 applies  may  be  re-adopted  or amended from time to time in accordance
 with the procedures set forth herein.
   (c) No rule establishing a cease and desist zone  shall  be  effective
 for  longer  than  [five] TEN years. However, the secretary of state may
 re-adopt the rule to continue the cease and desist zone  for  additional
 periods  not to exceed [five] TEN years each. Whenever a rule establish-
 ing a cease and desist zone  shall  have  expired  or  shall  have  been
 repealed,  all  owner's  statements  filed  with  the secretary of state
 pursuant to that rule shall also expire. However, an owner  may  file  a
 new  statement  with  the  secretary  of  state if a new rule is adopted
 establishing a cease and desist zone containing  the  owner's  property.
 Once  the boundaries of a cease and desist zone have been established by
 rule of the secretary of state, the boundaries may not be changed except
 by repeal of the existing rule and adoption of a new  rule  establishing
 the new boundaries.
   § 3. 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.
   §  4.  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.

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