Senate Bill S2352

2023-2024 Legislative Session

Requires real estate brokers and salespersons to compile and disclose client demographic data to the secretary of state

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • 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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2023-S2352 (ACTIVE) - Details

See Assembly Version of this Bill:
A10386
Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §442-m, RP L
Versions Introduced in 2021-2022 Legislative Session:
S2525

2023-S2352 (ACTIVE) - Summary

Requires real estate brokers and salespersons to compile and disclose client demographic data to the secretary of state; requires real estate brokers and salespersons to request the voluntary disclosure of demographic information from clients and record and retain such information for a period of two years.

2023-S2352 (ACTIVE) - Sponsor Memo

2023-S2352 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2352
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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  the
   secretary  of  state to require that real estate brokers and salesper-
   sons compile and disclose certain demographic information

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  real property law is amended by adding a new section
 442-m to read as follows:
   § 442-M.  COLLECTION AND DISCLOSURE OF DEMOGRAPHIC  INFORMATION.    1.
 (A) EVERY REAL ESTATE BROKER OR SALESPERSON LICENSED IN THIS STATE SHALL
 REQUEST,  IN  A  MANNER  CONSISTENT  WITH ANY REGULATIONS ADOPTED BY THE
 SECRETARY OF STATE, THE VOLUNTARILY DISCLOSURE OF  DEMOGRAPHIC  INFORMA-
 TION FROM EACH CLIENT OF SUCH BROKER OR SALESPERSON WHO IS A PROSPECTIVE
 HOME  PURCHASER,  INCLUDING THE FULL NAME, RACE, ETHNICITY AND GENDER OF
 EACH SUCH CLIENT, AND OTHER DEMOGRAPHIC INFORMATION AS THE SECRETARY  OF
 STATE  MAY  DETERMINE  IS  NECESSARY,  AND  SHALL RECORD AND RETAIN SUCH
 INFORMATION FOR A PERIOD  OF  TWO  YEARS;  PROVIDED  THAT  THE  CLIENT'S
 PRODUCTION  OF  OR  REFUSAL TO PRODUCE SUCH INFORMATION SHALL NOT AFFECT
 THE PROVISION OF SERVICES TO THE CLIENT.
   (B) FOR EACH SUCH CLIENT, SUCH BROKER OR SALESPERSON SHALL RECORD  THE
 RESULTS  OF  THE SERVICES PROVIDED BY SUCH BROKER OR SALESPERSON IN THIS
 STATE, INCLUDING PROPERTIES LISTED, PROPERTIES SHOWN,  THE  LOCATION  OF
 SUCH  PROPERTIES,  AND  THE  DISPOSITION OF EVERY OFFER RECEIVED BY SUCH
 BROKER WITH RESPECT TO A TRANSACTION, INCLUDING WHETHER  THE  OFFER  WAS
 ACCEPTED  OR  REJECTED  AND WHETHER A CLOSING OCCURRED, AND SHALL RETAIN
 SUCH INFORMATION FOR A PERIOD OF TWO YEARS.
   (C) EVERY SUCH BROKER OR SALESPERSON SHALL  SUBMIT,  OR  CAUSE  TO  BE
 SUBMITTED  THROUGH A BROKERAGE BUSINESS WITH WHICH SUCH BROKER OR SALES-
 PERSON IS ASSOCIATED, A SUMMARY OF THE INFORMATION RECORDED PURSUANT  TO
 THIS  SUBDIVISION  TO  THE DEPARTMENT OF STATE IN A MANNER PRESCRIBED BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06921-01-3

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