NY State Senate Bill 2021-S538B

Senate Bill S538B

Signed By Governor

2021-2022 Legislative Session

Requires real estate brokers and salespersons to receive implicit bias training as part of their license renewal process

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 21, 2021	approval memo.73 signed chap.686
Dec 10, 2021	delivered to governor
Jun 03, 2021	returned to senate passed assembly ordered to third reading rules cal.315 substituted for a4638a
Feb 08, 2021	referred to judiciary delivered to assembly passed senate
Feb 03, 2021	amended on third reading 538b
Feb 02, 2021	ordered to third reading cal.225
Feb 01, 2021	reported and committed to rules
Jan 26, 2021	print number 538a
Jan 26, 2021	amend and recommit to judiciary
Jan 06, 2021	referred to judiciary

Votes

- Feb 8, 2021 - Floor Vote
  S538B
  
  62
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 8, 2021
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      nay (1)
      
      Lanza
  Feb 2, 2021 - Rules Committee Vote
  S538B
  
  20
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Feb 2, 2021
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Stewart-Cousins
      
      nay (1)
      
      Lanza
  Feb 2, 2021 - Judiciary Committee Vote
  S538B
  
  14
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Feb 2, 2021
      
      aye (14)
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Gounardes
      
      Hoylman-Sigal
      
      Kaplan
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Palumbo
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      nay (1)
      
      Lanza

Bill Amendments

Original

B (Active)

2021-S538 - Details

See Assembly Version of this Bill:: A4638
Law Section:: Real Property Law
Laws Affected:: Amd §441, RP L
Versions Introduced in 2019-2020 Legislative Session:: S8986

2021-S538 - Summary

Requires real estate brokers and salespersons to receive implicit bias training as part of their license renewal process.

2021-S538 - Sponsor Memo

                                
 
BILL NUMBER: S538

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the real property law, in relation to requiring real
estate brokers and salespersons to receive implicit bias training as
part of their license renewal process

 
PURPOSE:

This legislation requires an additional two hours of training, specif-
ically concentrating on implicit bias training and understanding for a
real estate broker, or salesperson as part of their license renewal
process.

 
SUMMARY OF PROVISIONS:

Section 1 Amends Paragraph (a) of subdivision 3 of section 441 of the
real property law, as amended by chapter 320 of the laws of 2016 to
require an additional two hours of instruction pertaining to implicit

bias awareness and understanding, while also increasing the amount of
hours required from 22.5 to 24.5 as part of the renewal process for a
license. Further, this section defines implicit bias.

Section 2 Amends Paragraph (a) of subdivision 3 of section 441 of the
real property law, as amended by chapter 392 of the laws of 2019 to
require an additional two hours of instruction pertaining to implicit
bias awareness and understanding, while also increasing the amount of
hours required from 22.5 to 24.5 as part of the renewal process for a
license. Further, this section defines implicit bias.

Section 3 is the effective date.

 
JUSTIFICATION:

This legislation defines implicit bias as the attitudes or stereotypes
that affect an individual's understanding, actions and decisions in an
unconscious manner. On September 17, 2020, multiple New York State
Senate Committees received testimony from brokers and salespersons who
were identified in an outstanding NEWSDAY expose titled "Long Island
Divided" which detailed Long Island's Housing Market and the housing
discrimination that exists. "Long Island Divided" identified both
explicit and implicit bias that exists amongst the real estate industry.

During testimony on September 17th it became apparent that those testi-
fying were unaware the impact implicit bias could have on their jobs as
real estate professionals, which was incredibly disturbing to all. This
legislation seeks to use education as means to make these professionals
aware as to what implicit bias is, and the illegal and immoral impact it
has.

 
LEGISLATIVE HISTORY:

S. 8986 of 2020; Referred to Senate Rules Committee

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become a law, provided, however, that section two
of this act shall take effect on the same date and in the same manner as
Section 1 of Chapter 392 of the Laws of 2019, take effect.

2021-S538 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    538
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the real property law, in  relation  to  requiring  real
   estate  brokers  and salespersons to receive implicit bias training as
   part of their license renewal process
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph (a) of subdivision 3 of section 441 of the real
 property 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] TWENTY-
 FOUR and one-half hours which shall include  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
 HOURS  OF  INSTRUCTION  PERTAINING TO IMPLICIT BIAS AWARENESS AND UNDER-
 STANDING, 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  meth-
 od,  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] TWENTY-FOUR 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04889-01-1

 S. 538                              2
 
 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.    FOR  PURPOSES OF THIS SUBDIVISION,
 "IMPLICIT BIAS" SHALL MEAN THE ATTITUDES OR STEREOTYPES THAT  AFFECT  AN
 INDIVIDUAL'S  UNDERSTANDING,  ACTIONS  AND  DECISIONS  IN AN UNCONSCIOUS
 MANNER.
   § 2. 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-
 diately  preceding  such  renewal attended at least [twenty-two] TWENTY-
 FOUR and one-half hours which shall include  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
 HOURS  OF  INSTRUCTION  PERTAINING TO IMPLICIT BIAS AWARENESS AND UNDER-
 STANDING, at least two and one-half hours of instruction  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 statutes, laws, regu-
 lations, 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] TWENTY-FOUR 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.  FOR PURPOSES OF THIS SUBDIVISION, "IMPLICIT BIAS"  SHALL
 MEAN  THE  ATTITUDES  OR  STEREOTYPES THAT AFFECT AN INDIVIDUAL'S UNDER-
 STANDING, ACTIONS AND DECISIONS IN AN UNCONSCIOUS MANNER.
   § 3. This act shall take effect immediately, provided,  however,  that
 section  two  of  this act shall take effect on the same date and in the
 same manner as section 1 of chapter 392  of  the  laws  of  2019,  takes
 effect.

2021-S538A - Details

See Assembly Version of this Bill:: A4638
Law Section:: Real Property Law
Laws Affected:: Amd §441, RP L
Versions Introduced in 2019-2020 Legislative Session:: S8986

2021-S538A - Summary

Requires real estate brokers and salespersons to receive implicit bias training as part of their license renewal process.

2021-S538A - Sponsor Memo

                                
 
BILL NUMBER: S538A

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the real property law, in relation to requiring real
estate brokers and salespersons to receive implicit bias training as
part of their license renewal process

 
PURPOSE:

This legislation requires an additional two hours of training, specif-
ically concentrating on implicit bias training and understanding for a
real estate broker, or salesperson as part of their license renewal
process.

 
SUMMARY OF PROVISIONS:

Section 1 Amends Paragraph (a) of subdivision 3 of section 441 of the
real property law, as amended by chapter 320 of the laws of 2016 to
require an additional two hours of instruction pertaining to implicit

bias awareness and understanding. Further, this section defines implicit
bias.

Section 2 Amends Paragraph (a) of subdivision 3 of section 441 of the
real property law, as amended by chapter 392 of the laws of 2019 to
require an additional two hours of instruction pertaining to implicit
bias awareness and understanding. Further, this section defines implicit
bias.

Section 3 is the effective date.

 
JUSTIFICATION:

This legislation defines implicit bias as the attitudes or stereotypes
that affect an individual's understanding, actions and decisions in an
unconscious manner. On September 17, 2020, multiple New York State
Senate Committees received testimony from brokers and salespersons who
were identified in an outstanding NEWSDAY expose titled "Long Island
Divided" which detailed Long Island's Housing Market and the housing
discrimination that exists. "Long Island Divided" identified both
explicit and implicit bias that exists amongst the real estate industry.

During testimony on September 17th it became apparent that those testi-
fying were unaware the impact implicit bias could have on their jobs as
real estate professionals, which was incredibly disturbing to all. This
legislation seeks to use education as means to make these professionals
aware as to what implicit bias is, and the illegal and immoral impact it
has.

 
LEGISLATIVE HISTORY:

S. 8986 of 2020; Referred to Senate Rules Committee.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become a law, provided, however, that section two
of this act shall take effect on the same date and in the same manner as
Section 1 of Chapter 392 of the Laws

2021-S538A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  538--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- 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 and salespersons to receive implicit bias  training  as
   part of their license renewal process
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 3 of section 441 of  the  real
 property  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 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 HOURS OF INSTRUC-
 TION  PERTAINING  TO IMPLICIT BIAS AWARENESS AND UNDERSTANDING, 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 salesper-
 sons, 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  prop-
 erly  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04889-02-1

 S. 538--A                           2
 
 statutes and regulations governing the practice of real  estate  brokers
 and  salespersons. To establish compliance with the continuing education
 requirements imposed by this section, licensees shall provide an affida-
 vit,  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 department 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  immediately  preceding  such  renewal.    FOR
 PURPOSES  OF  THIS SUBDIVISION, "IMPLICIT BIAS" SHALL MEAN THE ATTITUDES
 OR STEREOTYPES THAT AFFECT AN INDIVIDUAL'S  UNDERSTANDING,  ACTIONS  AND
 DECISIONS IN AN UNCONSCIOUS MANNER.
   § 2. 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-
 diately preceding such renewal attended at least twenty-two and one-half
 hours which shall include 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 HOURS OF INSTRUC-
 TION  PERTAINING  TO IMPLICIT BIAS AWARENESS AND UNDERSTANDING, at least
 two and one-half hours of instruction  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 statutes, 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 sales-
 persons, 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  prop-
 erly  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 compliance with the continuing education
 requirements imposed by this section, licensees shall provide an affida-
 vit, 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 department of state.   FOR PURPOSES  OF
 THIS  SUBDIVISION,  "IMPLICIT  BIAS"  SHALL MEAN THE ATTITUDES OR STERE-
 OTYPES THAT AFFECT AN INDIVIDUAL'S UNDERSTANDING, ACTIONS AND  DECISIONS
 IN AN UNCONSCIOUS MANNER.
   §  3.  This act shall take effect immediately, provided, however, that
 section two of this act shall take effect on the same date  and  in  the
 same  manner  as  section  1  of  chapter 392 of the laws of 2019, takes
 effect.

co-Sponsors

View additional co-sponsors

2021-S538B (ACTIVE) - Details

See Assembly Version of this Bill:: A4638
Law Section:: Real Property Law
Laws Affected:: Amd §441, RP L
Versions Introduced in 2019-2020 Legislative Session:: S8986

2021-S538B (ACTIVE) - Summary

Requires real estate brokers and salespersons to receive implicit bias training as part of their license renewal process.

2021-S538B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S538B

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the real property law, in relation to requiring real
estate brokers and salespersons to receive implicit bias training as
part of their license renewal process

 
PURPOSE:

This legislation requires an additional two hours of training, specif-
ically concentrating on implicit bias training and understanding for a
real estate broker, or salesperson as part of their license renewal
process.

 
SUMMARY OF PROVISIONS:

Section 1 Amends Paragraph (a) of subdivision 3 of section 441 of the
real property law, as amended by chapter 320 of the laws of 2016 to
require an additional two hours of instruction pertaining to implicit

bias awareness and understanding. Further, this section defines implicit
bias.

Section 2 Amends Paragraph (a) of subdivision 3 of section 441 of the
real property law, as amended by chapter 392 of the laws of 2019 to
require an additional two hours of instruction pertaining to implicit
bias awareness and understanding. Further, this section defines implicit
bias.

Section 3 is the effective date.

 
JUSTIFICATION:

This legislation defines implicit bias as the attitudes or stereotypes
that affect an individual's understanding, actions and decisions in an
unconscious manner. On September 17, 2020, multiple New York State
Senate Committees received testimony from brokers and salespersons who
were identified in an outstanding NEWSDAY expose titled "Long Island
Divided" which detailed Long Island's Housing Market and the housing
discrimination that exists. "Long Island Divided" identified both
explicit and implicit bias that exists amongst the real estate industry.

During testimony on September 17th it became apparent that those testi-
fying were unaware the impact implicit bias could have on their jobs as
real estate professionals, which was incredibly disturbing to all. This
legislation seeks to use education as means to make these professionals
aware as to what implicit bias is, and the illegal and immoral impact it
has.

 
LEGISLATIVE HISTORY:

S. 8986 of 2020; Referred to Senate Rules Committee.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law, provided, however, that if Chapter 392 of the
Laws of 2019 shall not have taken effect on or before such date, then
this act shall take effect on the same date and in the same manner as
such chapter of the laws of 2019.

2021-S538B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  538--B
     Cal. No. 225
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- 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  --  reported  favorably  from  said committee and
   committed to the Committee on Rules -- ordered  to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 AN ACT to amend the real property law, in  relation  to  requiring  real
   estate  brokers  and salespersons to receive implicit bias training as
   part of their license renewal process
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph (a) of subdivision 3 of section 441 of the real
 property 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-
 diately preceding such renewal attended at least twenty-two and one-half
 hours which shall include 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 HOURS OF INSTRUC-
 TION PERTAINING TO IMPLICIT BIAS AWARENESS AND UNDERSTANDING,  at  least
 two  and  one-half  hours  of instruction 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 statutes, 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  sales-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04889-04-1

 S. 538--B                           2
 
 persons,  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  prop-
 erly  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 compliance with the continuing education
 requirements imposed by this section, licensees shall provide an affida-
 vit, 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 department of state.   FOR PURPOSES  OF
 THIS  SUBDIVISION,  "IMPLICIT  BIAS"  SHALL MEAN THE ATTITUDES OR STERE-
 OTYPES THAT AFFECT AN INDIVIDUAL'S UNDERSTANDING, ACTIONS AND  DECISIONS
 IN AN UNCONSCIOUS MANNER.
   § 2. This act shall take effect on the one hundred eightieth 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
 this act shall take effect on the same date and in the  same  manner  as
 such chapter of the laws of 2019 takes effect.

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Senate Bill S538B

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Sponsored By

Anna M. Kaplan

Archive: Last Bill Status - Signed by Governor

Bill Amendments

2021-S538 - Details

2021-S538 - Summary

2021-S538 - Sponsor Memo

2021-S538 - Bill Text download pdf

2021-S538A - Details

2021-S538A - Summary

2021-S538A - Sponsor Memo

2021-S538A - Bill Text download pdf

co-Sponsors

Alessandra Biaggi

James Gaughran

Pete Harckham

Brian Kavanagh

2021-S538B (ACTIVE) - Details

2021-S538B (ACTIVE) - Summary

2021-S538B (ACTIVE) - Sponsor Memo

2021-S538B (ACTIVE) - Bill Text download pdf

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