S T A T E O F N E W Y O R K
________________________________________________________________________
5359
2021-2022 Regular Sessions
I N A S S E M B L Y
February 16, 2021
___________
Introduced by M. of A. CRUZ -- 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. 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, UPON NOTICE AND A PUBLIC HEARING,
PROMULGATE RULES ESTABLISHING THE CONTENT OF THE INSTRUCTION PERTAINING
TO FAIR HOUSING AND/OR DISCRIMINATION 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 OPPORTUNITY 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.
§ 2. Paragraphs (b) and (c) of subdivision 1 of section 441 of the
real property law, as amended by chapter 183 of the laws of 2006, are
amended and a new paragraph (d) is added 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 or their competency to transact the business of real estate broker
in such a manner as to safeguard the interests of the public. In deter-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06385-04-1
A. 5359 2
mining competency, the department shall require proof that the person
being tested to qualify to apply for a broker's license has a fair know-
ledge 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, A GENERAL AND FAIR UNDERSTANDING OF THE
LAWS, RULES AND REGULATIONS PERTAINING TO FAIR HOUSING AND DISCRIMI-
NATION IN THE SALE OR RENTAL OF REAL PROPERTY OR AN INTEREST IN REAL
PROPERTY, as well as of the provisions of this section. The applicant
must also furnish proof that he has attended for at least one hundred
[twenty] FIFTY-TWO 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 opin-
ion 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
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.
(c) In the event the applicant shall be a licensed salesman under this
article and shall have submitted acceptable proof pursuant to the
provisions of either paragraph (d) of subdivision one-A of this section
or paragraph (a) of subdivision three of this section of having attended
and successfully completed [seventy-five] SEVENTY-SEVEN hours of an
approved real estate course or courses, SIX HOURS OF WHICH HAVE BEEN
FOCUSED ON FAIR HOUSING AND DISCRIMINATION IN THE SALE OR RENTAL OF REAL
PROPERTY OR AN INTEREST IN REAL PROPERTY, within eight years of the date
of the application, the department may accept and credit same against
the one hundred [twenty] FIFTY-TWO hours required hereunder.
(D) THE ONE HUNDRED FIFTY-TWO HOURS OF AN APPROVED REAL ESTATE COURSE
OR COURSES REQUIRED BY PARAGRAPH (B) OF THIS SUBDIVISION SHALL INCLUDE
INSTRUCTION ON FAIR HOUSING AND DISCRIMINATION IN THE SALE OR RENTAL OF
REAL PROPERTY OR AN INTEREST IN REAL PROPERTY AS DESCRIBED IN PARAGRAPH
(E) OF SUBDIVISION THREE OF THIS SECTION AND INSTRUCTION ON THE LICENSED
REAL ESTATE BROKER'S RESPONSIBILITY FOR ENSURING THAT EACH LICENSED REAL
ESTATE SALESMAN UNDER SUCH BROKER'S SUPERVISION IS IN COMPLIANCE WITH
HIS OR HER OBLIGATIONS UNDER APPLICABLE FEDERAL, STATE, AND LOCAL LAWS,
RULES, AND REGULATIONS PERTAINING TO FAIR HOUSING AND DISCRIMINATION IN
THE SALE OR RENTAL OF REAL PROPERTY OR AN INTEREST IN REAL PROPERTY.
§ 3. Paragraphs (b) and (d) of subdivision 1-A of section 441 of the
real property law, paragraph (b) as amended by chapter 81 of the laws of
1995, and paragraph (d) as amended by chapter 183 of the laws of 2006,
are amended to read as follows:
(b) Each applicant for a salesman's license shall provide such further
information as the department may reasonably require, appearing at such
time and place as may be designated by the department, to take a written
examination and answer such questions as may be prepared by the depart-
A. 5359 3
ment to enable it to determine the trustworthiness of the applicant and
the applicant's competence to transact the business of real estate
salesman in such a manner as to safeguard the interests of the public,
including the applicant's working knowledge of the basic concepts of law
pertaining to contracts, real property, agency and this article which
govern conduct of such business, KNOWLEDGE OF LAWS, RULES, AND REGU-
LATIONS PERTAINING TO FAIR HOUSING AND DISCRIMINATION IN THE SALE OR
RENTAL OF REAL PROPERTY OR AN INTEREST IN REAL PROPERTY, mastery of
basic skills needed to perform the applicant's duties, working knowledge
of the ethical obligations of a real estate salesman, and knowledge of
the provisions of the general obligations law pertaining to performance
of the applicant's duties.
(d) Anything to the contrary herein notwithstanding, on and after the
effective date of this paragraph, no salesman's license or conditional
license shall be issued by the department unless the application there-
for has been accompanied by proof that prior to such application the
applicant has attended at least [seventy-five] SEVENTY-SEVEN hours and
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 properly conducted as to method, content
and supervision. 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 compu-
ter-based and distance-learning courses, the department may prescribe
that specified subjects or hours must be presented in a classroom
setting.
§ 4. Paragraph (c) of subdivision 3 of section 441 of the real proper-
ty law, as amended by chapter 470 of the laws of 1998, is amended to
read as follows:
(c) (I) The secretary of state shall promulgate rules establishing the
method, content, setting and supervision requirements of the continuing
education real estate course or courses provided for in this section. In
establishing the requirements for the continuing education course or
courses, the secretary of state shall permit alternatives with respect
to content and method of presentation in consideration of the type of
brokerage practiced and the availability of the sources of such course
or courses in different areas of the state. Each course shall have an
established curriculum composed primarily of real estate practice and
professional responsibility and ethics and properly prepared written
materials of the subject matter which shall be distributed as part of
the course. It shall be taught by a qualified faculty with attorneys
presenting legal subjects. Credit shall be awarded on the basis of one
hour for each sixty minutes of actual attendance and records shall be
maintained of attendance at each session which shall be transmitted to
the department at the conclusion of the course. 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 licensee for the specified time period.
(II) THE SECRETARY OF STATE SHALL REQUIRE APPROVED FACULTY TO SIGN A
DOCUMENT UNDER OATH, APPROVED BY AND SUBMITTED TO THE DEPARTMENT OF
STATE, ATTESTING TO COMPLIANCE WITH ALL APPLICABLE STATUTORY AND REGULA-
TORY REQUIREMENTS PERTAINING TO THE INSTRUCTION OF THE ESTABLISHED
CURRICULUM. THE SECRETARY OF STATE SHALL PROMULGATE PENALTIES FOR FACUL-
TY THAT FAIL TO MEET THE OBLIGATIONS REQUIRED UNDER THIS SECTION AND
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DEPARTMENT OF STATE REGULATIONS INCLUDING, BUT NOT LIMITED TO, THE
TEMPORARY SUSPENSION OF THEIR INSTRUCTOR CERTIFICATE FOR THE FIRST SUCH
FAILURE AND THE REVOCATION OF THEIR INSTRUCTOR CERTIFICATE FOR ANY
SUBSEQUENT FAILURE.
§ 5. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.