S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6375--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2021
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Judiciary -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee
 
 AN  ACT  in  relation  to designating Kings County as a cease and desist
   zone

   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.
   The legislature hereby finds and declares  that  due  to  intense  and
 repeated  solicitation  of  owners  of residential real property by real
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05476-06-1

 A. 6375--A                          2
 
 estate brokers, real estate salespersons, and  other  persons  regularly
 engaged  in the trade or business of buying and selling real estate, the
 rapid establishment of a cease and desist zone  is  necessary  in  Kings
 County.
   § 2.  Notwithstanding any other law, rule or regulation to the contra-
 ry,  in  accordance  with  section  442-h  of the real property law, the
 secretary of state shall conduct a public hearing and reasonable  inves-
 tigation  of  intense and repeated solicitation of owners of residential
 real property in the county of Kings within ninety days of the effective
 date of this act.  If, after such public hearing and reasonable investi-
 gation, the secretary of state finds that  owners  of  residential  real
 property  within  the  county  of  Kings, or any defined geographic area
 therein are subject to intense and repeated solicitations by real estate
 brokers and salespersons to place their property for sale with such real
 estate brokers or salespersons, or otherwise to sell their property, the
 secretary of state shall adopt a rule in accordance with  subdivision  3
 of  section  442-h  of  the  real  property law establishing a cease and
 desist zone for the county of Kings, or  any  defined  geographic  areas
 therein  subjected  to such intense and repeated solicitations. The rule
 establishing such cease and desist zone shall be  effective  for  up  to
 five  years,  provided  the  secretary of state may re-adopt the rule to
 continue the cease and desist zone pursuant to paragraph (c) of subdivi-
 sion 3 of section 442-h of the real property law.
   § 3. If, within one year of this act, the secretary of state does  not
 establish  a cease and desist zone in the county of Kings, the secretary
 of state shall prepare and submit to the governor, the temporary  presi-
 dent  of the senate, the speaker of the assembly, the minority leader of
 the senate and the minority leader of the assembly a  report  containing
 the detailed findings of the public hearing and investigation.
   § 4. This act shall take effect immediately.