S T A T E O F N E W Y O R K
________________________________________________________________________
979--A
2021-2022 Regular Sessions
I N S E N A T E
(PREFILED)
January 6, 2021
___________
Introduced by Sens. GAUGHRAN, COMRIE -- read twice and ordered printed,
and when printed to be committed to the Committee on Judiciary --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the real property law, in relation to requiring real
estate brokers to receive training in cultural competency
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 chapter 183 of the laws of 2006, 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.
LBD03801-03-1
S. 979--A 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and content and supervision which approval may be withdrawn if in the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.
§ 2. Paragraph (a) of subdivision 3 of section 441 of the real proper-
ty law, as amended by chapter 320 of the laws of 2016, is amended to
read 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 and one-half
hours which shall include AT LEAST TWO HOURS OF CULTURAL COMPETENCY
TRAINING, at least three 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 licens-
ing 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 method, content and supervision, which approval may be with-
drawn 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 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. 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 thousand eight for at least fifteen consecutive years imme-
diately preceding such renewal.
§ 3. 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 to
read 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-
S. 979--A 3
diately preceding such renewal attended at least twenty-two and one-half
hours which shall include AT LEAST TWO HOURS OF CULTURAL COMPETENCY
TRAINING, at least three 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 instruc-
tion pertaining to ethical business practices, at least one hour of
instruction pertaining to recent legal matters governing the practice of
real estate brokers and salespersons in New York which may include stat-
utes, 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 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 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
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 estate brokers and salespersons. To establish compli-
ance 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.
§ 4. This act shall take effect on the one hundred twentieth day 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.
