S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1760
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend  the  real  property  law,  in  relation  to  increasing
   required  training for real estate brokers and real estate salespeople
   to prevent discrimination

   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
 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-
 FIVE and one-half hours which shall include at least [three]  SIX  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  sales-
 persons,  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 supervision, which approval may be withdrawn if in the  opinion  of  the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 prop-
 erly 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-FIVE 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04901-01-1

 A. 1760                             2
 
 estate brokers  and  salespersons.  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  thou-
 sand  eight for at least fifteen consecutive years immediately preceding
 such renewal.
   § 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  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-
 FIVE and one-half hours which shall include at least [three]  SIX  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 busi-
 ness practices, at least one hour of instruction  pertaining  to  recent
 legal  matters  governing the practice of real estate brokers and sales-
 persons 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  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-FIVE 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,
 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.
   § 3. Subdivision 3 of section 441 of the real property law is  amended
 by adding a new paragraph (e) to read as follows:
   (E)  THE  SECRETARY  OF  STATE SHALL PROMULGATE RULES ESTABLISHING THE
 CONTENT OF THE INSTRUCTION PERTAINING TO FAIR HOUSING  AND/OR  DISCRIMI-
 NATION  IN  THE  SALE  OR RENTAL OF REAL PROPERTY OR AN INTEREST IN REAL
 PROPERTY REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION. SUCH INSTRUCTION
 SHALL INCLUDE, BUT NOT BE LIMITED TO, COURSES  ON:  (1)  THE  LEGACY  OF
 SEGREGATION,  UNEQUAL TREATMENT, AND HISTORIC LACK OF ACCESS TO OPPORTU-
 NITY IN HOUSING; (2) UNEQUAL ACCESS TO AMENITIES AND  RESOURCES  ON  THE
 BASIS  OF  RACE,  DISABILITY,  AND  OTHER PROTECTED CHARACTERISTICS; (3)
 FEDERAL, STATE, AND LOCAL FAIR HOUSING LAWS; AND (4) ANTI-BIAS TRAINING.

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   § 4. 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 if
 chapter  392  of  the  laws  of  2019, shall not have taken effect on or
 before such date then section two 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.