NY State Senate Bill 2023-S5197

Current Bill Status - In Senate Committee Judiciary 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to judiciary
Feb 27, 2023	referred to judiciary

co-Sponsors

2023-S5197 (ACTIVE) - Details

See Assembly Version of this Bill:: A3474
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Amd §441, RP L
Versions Introduced in 2021-2022 Legislative Session:: S5982, A7350

2023-S5197 (ACTIVE) - Summary

Increases the period of supervision to five years for real estate brokers applying for a license.

2023-S5197 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5197

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the real property law, in relation to increasing the
period of supervision required for certain real estate license applica-
tions

 
PURPOSE:

To increase the total number of hours required in the real estate
broker's qualifying course from 45 to 75, the number of consecutive
years as a licensed salesperson prior to becoming a broker from 2 to 5,
and the number of fair housing course hours in the real estate
salesperson's qualifying course from 4 to 6.

 
SUMMARY OF PROVISIONS:

Section 1: amends subdivision one of section 441 of the real property
law to increase the total number of hours required to obtain a real
estate broker's license from 120 to 150 hours and increase the number of

consecutive years licensed as a real estate agent prior to becoming a
broker from 2 to 5.

Section 2: amends paragraph (d) of subdivision 1-A of section 441 of the
real property law to require 6 hours of fair housing course hours needed
to obtain licensure as a real estate agent. Currently, there is a 4-hour
fair housing course requirement provided for within state regulations
for real estate licensees,l9 NYCRR 176.3.

Section 3: Sets effective date.

 
JUSTIFICATION:

Currently a licensed real estate salesperson in New York can take an
additional 45 hours of continuing education, and after two years of
licensure, is eligible to become a real estate broker. New York's
requirements to become a licensed real estate broker are lower than that
of similar states, including California, New Jersey, and Pennsylvania.
Furthermore, investigations in recent years into housing discrimination
have revealed a lack of knowledge and understanding among inexperienced
brokers that undermine the public's trust of real estate licensees.

The fair housing investigations and the comparably lower standards to
become a real estate broker underscore the need to increase the educa-
tional and experience requirements for new brokers. This legislation
seeks to address the issue of inadequate broker education and experience
by increasing the total number of course hours to become a broker from
120 to 150 and increasing the number of required years as a licensed
real estate salesperson prior to becoming a broker from 2 to 5. The bill
would also increase the number of fair housing course hours required to
become a real estate salesperson from 4 to 6, thereby furthpring efforts
to enhance understanding of local, state, and federal fair housing and
anti-discrimination laws.

 
LEGISLATIVE HISTORY:

Senate
2021-2022: S5982, Referred to Judiciary Assembly

2021-2022: A7350, Referred to Judiciary

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the 180th day after becoming a law.
 
PURPOSE:

2023-S5197 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5197
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2023
                                ___________
 
 Introduced  by Sens. SKOUFIS, HINCHEY -- 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  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

 S. 5197                             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.

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Senate Bill S5197

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

2023-S5197 (ACTIVE) - Details

2023-S5197 (ACTIVE) - Summary

2023-S5197 (ACTIVE) - Sponsor Memo

2023-S5197 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5197

Share this bill

Sponsored By

James Skoufis

Current Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

Michelle Hinchey

Dean Murray

2023-S5197 (ACTIVE) - Details

2023-S5197 (ACTIVE) - Summary

2023-S5197 (ACTIVE) - Sponsor Memo

2023-S5197 (ACTIVE) - Bill Text download pdf

Comments