S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3474
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 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  the
   period  of supervision required for certain real estate license appli-
   cations
 
   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 separately amended by sections 6 and 7 of  chapter  529
 of the laws of 2022, 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
 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,
 a  general  and  fair  understanding  of the laws, rules and regulations
 pertaining to fair housing and discrimination in the sale or  rental  of
 real  property  or  an  interest  in  real  property,  as well as of the
 provisions of this section. The applicant must also furnish  proof  that
 they  have  attended  for  at  least one hundred fifty-two hours and has
 successfully completed a real estate course or courses approved  by  the

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04161-01-3
              

 A. 3474                             2
 
 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  either the applicant has actively
 participated in the general real estate brokerage business as a licensed
 real estate salesperson 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 ability to monitor and verify participation by
 the applicant for the specified time period. Notwithstanding the forego-
 ing 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 understanding cultural norms,  preferences  and
 challenges within our diverse communities.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.