Senate Bill S1256A

2019-2020 Legislative Session

Relates to designating certain zip codes as cease and desist zones

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Sponsored By

Archive: Last Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

2019-S1256 - Details

See Assembly Version of this Bill:
A6786
Current Committee:
Assembly Judiciary
Law Section:
Real Property
Versions Introduced in Other Legislative Sessions:
2017-2018: S9085
2021-2022: S2929

2019-S1256 - Summary

Relates to designating certain zip codes as cease and desist zones; directs the secretary of state to designate certain zip codes in Brooklyn as cease and desist zones.

2019-S1256 - Sponsor Memo

2019-S1256 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1256
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by  Sens. PARKER, PERSAUD -- 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
   certain zip codes as cease and desist zones and establishing an affir-
   mative  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 CERTAIN ZIP CODES AS  CEASE  AND  DESIST  ZONES.
 NOTWITHSTANDING  ANY  OTHER LAW, RULE OR REGULATION TO THE CONTRARY, THE
 FOLLOWING ZIP CODES 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: 11203, 11210, 11212, 11215,  11217,  11218,
 11219, 11225, 11226, 11230, 11232, 11234, 11236 AND 11238.
   § 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.
                                                            LBD06112-01-9

co-Sponsors

2019-S1256A (ACTIVE) - Details

See Assembly Version of this Bill:
A6786
Current Committee:
Assembly Judiciary
Law Section:
Real Property
Versions Introduced in Other Legislative Sessions:
2017-2018: S9085
2021-2022: S2929

2019-S1256A (ACTIVE) - Summary

Relates to designating certain zip codes as cease and desist zones; directs the secretary of state to designate certain zip codes in Brooklyn as cease and desist zones.

2019-S1256A (ACTIVE) - Sponsor Memo

2019-S1256A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1256--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by  Sens. PARKER, PERSAUD -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Judiciary  --
   recommitted  to  the  Committee on Judiciary in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN ACT to designate certain zip codes as cease and desist zones
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.   Legislative findings.  To  curb  aggressive  real  estate
 solicitation  practices,  the legislature enabled the secretary of state
 to create "cease and desist  zones"  if  owners  within  the  zone  "are
 subject  to  intense  and repeated solicitation" to place their property
 for sale. A homeowner within a cease and desist zone may file  a  state-
 ment  with  the  secretary  of state requesting placement on a cease and
 desist list. No real estate broker, salesperson or other person regular-
 ly engaged in the trade or business of buying and  selling  real  estate
 may solicit a listing from an owner placed on the cease and desist list.
   The  cease  and  desist program is a valuable tool for homeowners that
 are inundated with solicitations for their home, and it has been a prov-
 en success in cease and desist zones in the counties  of  Queens,  Bronx
 and Rockland.
   In  many neighborhoods in Kings County, long-time homeowners have been
 the subject of increasingly aggressive real estate  solicitation,  espe-
 cially  in  neighborhoods experiencing rapid gentrification.  Solicitors
 often use shady or illegal tactics to confuse or manipulate  homeowners.
 Many  homeowners  have  also been the victims of deed theft, unknowingly
 signing away their home and most valuable asset. Unfortunately, existing
 statutory framework for establishing a cease and desist  zone  in  these
 neighborhoods is not working fast enough to protect homeowners in Brook-
 lyn.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06112-02-0

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