S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7770
 
                             I N  S E N A T E
 
                             January 11, 2022
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the real property law, in relation to the definition  of
   cultural  competency  training for real estate brokers; and to amend a
   chapter of the laws of 2021 amending the real property law relating to
   requiring  real estate brokers to receive training in cultural  compe-
   tency,  as  proposed in legislative bills numbers S.979-A and A.844-A,
   in relation to the effectiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph (b) of subdivision 1 of section 441 of the real
 property law, as amended by a chapter of the laws of 2021  amending  the
 real  property  law relating to requiring real estate brokers to receive
 training in  cultural  competency,  as  proposed  in  legislative  bills
 numbers S.979-A and A.844-A, is 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,  her  or  their  competency to transact the business of real estate
 broker in such a manner as to safeguard the interests of the public.  In
 determining  competency,  the  department  shall  require proof that the
 person being tested to qualify to apply for a  broker's  license  has  a
 fair  knowledge  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, has taken a class  on  cultural
 competency  training,  as well as of the provisions of this section. The
 applicant must also furnish proof that he or she  has  attended  for  at
 least  one  hundred  twenty  hours and has successfully completed a real
 estate course or courses approved by the secretary of state as to method
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03801-04-2
 S. 7770                             2
 
 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
 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.    FOR
 PURPOSES  OF THIS SECTION, CULTURAL COMPETENCY IS DEFINED AS UNDERSTAND-
 ING CULTURAL NORMS, PREFERENCES AND CHALLENGES WITHIN OUR DIVERSE COMMU-
 NITIES.
   § 2. Section 4 of a chapter of the laws  of  2021  amending  the  real
 property  law  relating  to requiring   real   estate brokers to receive
 training in  cultural  competency,  as  proposed  in  legislative  bills
 numbers S.979-A and A.844-A, is amended to read as follows:
   §  4.  This  act  shall take effect [on the one hundred twentieth day]
 NINE MONTHS after 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 three 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].
   §  3.  This act shall take effect immediately; provided, however, that
 section 1 of this act shall take effect on the same date and in the same
 manner as a chapter of the laws of 2021 amending the real  property  law
 relating  to  requiring  real  estate  brokers  to  receive  training in
 cultural competency, as proposed in legislative  bills  numbers  S.979-A
 and A.844-A, takes effect.