S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7350
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 6, 2021
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the real property law, in relation to increasing certain
   course hours and  periods  of  supervision  for  certain  real  estate
   license applications
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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 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-
 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,  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 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 method and content and supervision which approval may be withdrawn if in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  opinion  of  the  secretary of state said course or courses are not
 being conducted properly as to method, content and supervision, and that
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10659-01-1

 A. 7350                             2
 
 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]  FIVE CONSECUTIVE 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 abil-
 ity to monitor and verify participation by the applicant for the  speci-
 fied  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 class-
 room 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 hours of an approved real estate
 course or courses within eight years of the date of the application, the
 department  may  accept and credit same against the one hundred [twenty]
 FIFTY hours required hereunder.
   § 2. Paragraph (d) of subdivision 1-A of section 441 of the real prop-
 erty law, as amended by chapter 183 of the laws of 2006, is  amended  to
 read as follows:
   (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 hours, WHICH SHALL INCLUDE
 AT LEAST 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, and successfully completed a real estate course or cours-
 es 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 demon-
 strate 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.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.