S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7851
 
                             I N  S E N A T E
 
                             February 26, 2020
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- 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  requiring  real
   estate brokers to receiving training in cultural competency
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (b) of subdivision 1 of section 441 of  the  real
 property  law, as amended by chapter 183 of the laws of 2006, is amended
 to read as follows:
   (b) Such further information as the department may reasonably  require
 shall be furnished by the applicant including sufficient proof of having
 taken  and  passed  a written examination and answered such questions as
 may be prepared by the department to enable it to determine  the  trust-
 worthiness  of  the  applicant  if an individual, or of each member of a
 co-partnership or each member of a limited  liability  company  or  each
 officer  of  a  corporation for whom a license as a broker is asked, and
 his, HER or their competency to transact the  business  of  real  estate
 broker  in such a manner as to safeguard the interests of the public. In
 determining competency, the department  shall  require  proof  that  the
 person  being  tested  to  qualify to apply for a broker's license has a
 fair knowledge of the English language,  a  fair  understanding  of  the
 general  purposes  and  general  legal  effect of deeds, mortgages, land
 contracts of sale, and leases, a general and fair understanding  of  the
 obligations  between  principal and agent, HAS TAKEN A CLASS ON CULTURAL
 COMPETENCY TRAINING, as well as of the provisions of this  section.  The
 applicant  must  also  furnish  proof that he OR SHE has attended for at
 least one hundred twenty hours and has  successfully  completed  a  real
 estate course or courses approved by the secretary of state as to method
 and  content  and  supervision which approval may be withdrawn if in the
 opinion of the secretary of state said course or courses are  not  being
 conducted  properly  as  to  method,  content  and supervision, and that
 either the applicant has  actively  participated  in  the  general  real
 estate  brokerage  business as a licensed real estate salesman under the
 supervision of a licensed real estate broker for a period  of  not  less
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15054-01-0

 S. 7851                             2
 
 than  two  years  or  has  had the equivalent experience in general real
 estate business for a period of at least  three  years,  the  nature  of
 which  experience  shall be established by affidavit duly sworn to under
 oath and/or other and further proof required by the department of state.
 Computer-based  and  distance-learning  courses  may  be approved by the
 department so long as providers demonstrate the ability to  monitor  and
 verify  participation  by  the  applicant for the specified time period.
 Notwithstanding the foregoing authority to  approve  computer-based  and
 distance-learning  courses,  the department may prescribe that specified
 subjects or hours must be presented in a classroom setting.
   § 2. Paragraph (a) of subdivision 3 of section 441 of the real proper-
 ty 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] TWENTY-
 FOUR and one-half hours which  shall  include  AT  LEAST  TWO  HOURS  OF
 CULTURAL  COMPETENCY  TRAINING,  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 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
 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.
   § 3. Paragraph (a) of subdivision 3 of section 441 of the real proper-
 ty law, as amended by chapter 392 of the laws of  2019,  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] TWENTY-
 FOUR and one-half hours which  shall  include  AT  LEAST  TWO  HOURS  OF
 CULTURAL  COMPETENCY  TRAINING,  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

 S. 7851                             3
 
 least one hour of instruction pertaining to recent legal matters govern-
 ing  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
 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.
   § 4. This act shall take effect on the one hundred twentieth day after
 it  shall  have  become a law; provided, however, that if chapter 392 of
 the laws of 2019 shall not have taken effect on or before such date then
 section three of this act shall take effect on the same date and in  the
 same manner as such chapter of the laws of 2019 takes effect.