S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6082
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2019
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Judiciary
 
 AN  ACT  to  amend  the  real property law, in relation to requiring the
   inclusion of instruction in  ethical  business  practices  and  recent
   legal matters in the continuing education requirements for real estate
   licensees

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 3 of section 441 of  the  real
 property  law, as amended by chapter 320 of the laws of 2016, is amended
 to read as follows:
   (a) No renewal license shall be issued any licensee under this article
 for any license period commencing November first, nineteen hundred nine-
 ty-five unless such licensee shall have within the two year period imme-
 diately preceding such renewal attended at least twenty-two and one-half
 hours which shall include at least three hours of instruction pertaining
 to fair housing and/or discrimination in the  sale  or  rental  of  real
 property  or  an  interest  in  real property, AT LEAST TWO AND ONE-HALF
 HOURS OF INSTRUCTION PERTAINING TO ETHICAL BUSINESS PRACTICES, AT  LEAST
 ONE HOUR OF INSTRUCTION PERTAINING TO RECENT LEGAL MATTERS GOVERNING THE
 PRACTICE  OF  REAL ESTATE BROKERS AND SALESPERSONS IN NEW YORK WHICH MAY
 INCLUDE STATUTES, LAWS, REGULATIONS, RULES, CODES, DEPARTMENT  OF  STATE
 OPINIONS  AND  DECISIONS,  AND  COURT DECISIONS AND at least one hour of
 instruction pertaining to the law of agency except in the  case  of  the
 initial  two-year licensing term for real estate salespersons, two hours
 of agency  related  instruction  must  be  completed,  and  successfully
 completed  a continuing education real estate course or courses approved
 by the secretary of state as to method, content and  supervision,  which
 approval  may  be  withdrawn if in the opinion of the secretary of state
 such course or courses are not being conducted properly  as  to  method,
 content  and  supervision.  For  those  individuals licensed pursuant to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10037-01-9

 A. 6082                             2
 
 subdivision six of section four hundred forty-two-g of this article,  in
 the  individual's  initial  license  term,  at least eleven hours of the
 required twenty-two and one-half hours of continuing education shall  be
 completed  during  the  first  year  of the term. Of those eleven hours,
 three hours shall pertain to applicable  New  York  state  statutes  and
 regulations  governing the practice of real estate brokers and salesper-
 sons. To establish compliance with the continuing education requirements
 imposed by this section, licensees shall provide an affidavit, in a form
 acceptable to the department of state, establishing the  nature  of  the
 continuing  education  acquired  and shall provide such further proof as
 required by the department of state. [The provisions of  this  paragraph
 shall  not  apply to any licensed real estate broker who is engaged full
 time in the real estate business and who has been  licensed  under  this
 article  prior  to  July  first, two thousand eight for at least fifteen
 consecutive years immediately preceding such renewal.]
   § 2. This act shall take effect July 1, 2021.