NY State Senate Bill 2019-S8986

Senate Bill S8986

2019-2020 Legislative Session

Relates to requiring real estate brokers and salespersons to receive implicit bias training as part of their license renewal process

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 18, 2020	referred to rules

2019-S8986 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Real Property Law
Laws Affected:: Amd §441, RP L
Versions Introduced in 2021-2022 Legislative Session:: S538

2019-S8986 (ACTIVE) - Summary

Requires real estate brokers and salespersons to receive implicit bias training as part of their license renewal process.

2019-S8986 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8986

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the real property law, in relation to requiring real
estate brokers and salespersons to receive implicit bias training as
part of their license renewal process

 
PURPOSE:

This legislation requires an additional two hours of training, specif-
ically concentrating on implicit bias training and understanding for a
real estate broker, or salesperson as part of their license renewal
process.

 
SUMMARY OF PROVISIONS:

Section 1 Amends Paragraph (a) of subdivision 3 of section 441 of the
real property law, as amended by chapter 320 of the laws of 2016 to
require an additional two hours of instruction pertaining to implicit

bias awareness and understanding, while also increasing the amount of
hours required from 22.5 to 24.5 as part of the renewal process for a
license. Further, this section defines implicit bias.

Section 2 Amends Paragraph (a) of subdivision 3 of section 441 of the
real property law, as amended by chapter 392 of the laws of 2019 to
require an additional two hours of instruction pertaining to implicit
bias awareness and understanding, while also increasing the amount of
hours required from 22.5 to 24.5 as part of the renewal process for a
license. Further, this section defines implicit bias.

Section 3 is the effective date.

 
JUSTIFICATION:

This legislation defines implicit bias as the attitudes or stereotypes
that affect an individual's understanding, actions and decisions in an
unconscious manner. On September 17, 2020, multiple New York State
Senate Committees received testimony from brokers and salespersons who
were identified in an outstanding NEWSDAY expose titled "Long Island
Divided" which detailed Long Island's Housing Market and the housing
discrimination that exists. "Long Island Divided" identified both
explicit and implicit bias that exists amongst the real estate industry.

During testimony on September 17th it became apparent that those testi-
fying were unaware the impact implicit bias could have on their jobs as
real estate professionals, which was incredibly disturbing to all. This
legislation seeks to use education as means to make these professionals
aware as to what implicit bias is, and the illegal and immoral impact it
has.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become a law, provided, however, that section two
of this act shall take effect on the same date and in the same manner as
Section 1 of Chapter 392 of the Laws of 2019, take effect.

2019-S8986 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8986
 
                             I N  S E N A T E
 
                            September 18, 2020
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- 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  requiring  real
   estate  brokers  and salespersons to receive implicit bias training as
   part of their license renewal process
 
   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] TWENTY-
 FOUR 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
 HOURS  OF  INSTRUCTION  PERTAINING TO IMPLICIT BIAS AWARENESS AND UNDER-
 STANDING, 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  meth-
 od,  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] TWENTY-FOUR 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  prac-
 tice  of  real  estate brokers and salespersons. To establish compliance
 with the continuing education  requirements  imposed  by  this  section,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD17341-03-0

 S. 8986                             2
 
 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 depart-
 ment  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  imme-
 diately  preceding  such  renewal.    FOR  PURPOSES OF THIS SUBDIVISION,
 "IMPLICIT BIAS" SHALL MEAN THE ATTITUDES OR STEREOTYPES THAT  AFFECT  AN
 INDIVIDUAL'S  UNDERSTANDING,  ACTIONS  AND  DECISIONS  IN AN UNCONSCIOUS
 MANNER.
   § 2. 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  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
 HOURS  OF  INSTRUCTION  PERTAINING TO IMPLICIT BIAS AWARENESS AND UNDER-
 STANDING, 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, regu-
 lations, 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] TWENTY-FOUR 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 salespersons. To  establish  compli-
 ance 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 depart-
 ment of state.  FOR PURPOSES OF THIS SUBDIVISION, "IMPLICIT BIAS"  SHALL
 MEAN  THE  ATTITUDES  OR  STEREOTYPES THAT AFFECT AN INDIVIDUAL'S UNDER-
 STANDING, ACTIONS AND DECISIONS IN AN UNCONSCIOUS MANNER.
   § 3. This act shall take effect immediately, provided,  however,  that
 section  two  of  this act shall take effect on the same date and in the
 same manner as section 1 of chapter 392  of  the  laws  of  2019,  takes
 effect.

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