NY State Senate Bill 2025-S5780

Senate Bill S5780

2025-2026 Legislative Session

Requires real estate brokers and salespersons to complete a certain amount of sexual harassment prevention training

download bill text pdf

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
Feb 28, 2025	referred to judiciary

2025-S5780 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Amd §441, RP L

2025-S5780 (ACTIVE) - Summary

Requires real estate brokers and salespersons to complete two hours of sexual harassment prevention training every two years.

2025-S5780 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5780

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the real property law, in relation to requiring real
estate brokers and salespersons to complete a certain amount of sexual
harassment prevention training

 
PURPOSE:

To require all licensed real estate brokers and agents to complete annu-
al sexual harassment training as a condition of license renewal

 
SUMMARY OF PROVISIONS:

The bill amends section 441(3)(a) of the Real Property Law to add a new
subparagraph (ii) that would require all licensed real estate brokers
and agents to complete one hour of sexual harassment prevention training
each year for a total of two hours during each 2-year renewal period.
The content of the training must meet the requirements set forth in
Labor Law 201-g(2)(a-b). The training would not be required as part of a

licensee's continuing education requirements; however, each licensee
would be required to affirm to the Department of State, each time they
renew their license, that they are in compliance with the requirements
to complete sexual harassment training.

 
JUSTIFICATION:

New York State Labor Law requires employees of businesses, government
agencies and non-profits to complete annual sexual harassment prevention
training. As independent contractors who are often not employed by any
of the above entities, licensed real estate brokers and agents are
exempt from the Labor Law's requirements for sexual harassment
prevention training.

This bill would remove that exemption by establishing a requirement for
all licensed real estate brokers to complete annual sexual harassment
prevention training. The sexual harassment prevention training would be
required in addition to any continuing education requirements needed to
renew a real estate license and would not count towards the 22.5 hours
of continuing education required every 2 years.

As most working New Yorkers are required to complete annual sexual
harassment prevention training, real estate brokers and agents should be
required to complete training as well. This bill would ensure that
licensed real estate brokers and agents, like most working New Yorkers,
are required to undergo training every year on sexual harassment
prevention.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect 365 days after becoming law.

2025-S5780 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5780
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2025
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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 complete a certain amount of sexual
   harassment prevention training

   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 separately amended by chapters 686 and 688 of the  laws
 of 2021, is amended to read as follows:
   (a)  (I)  No  renewal  license shall be issued any licensee under this
 article for any  license  period  commencing  November  first,  nineteen
 hundred  ninety-five unless such licensee shall have within the two year
 period immediately 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 proper-
 ty  or  an  interest in real property, at least two hours of instruction
 pertaining to implicit bias awareness and understanding,  at  least  two
 and  one-half  hours of instruction pertaining to ethical business prac-
 tices, 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10381-01-5

 S. 5780                             2
 
 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.
   (II)  IN  ADDITION TO THE CONTINUING EDUCATION REQUIREMENTS UNDER THIS
 SECTION, EVERY LICENSEE WITHIN THE TWO-YEAR PERIOD IMMEDIATELY PRECEDING
 SUCH RENEWAL SHALL COMPLETE TWO SEXUAL  HARASSMENT  PREVENTION  TRAINING
 PROGRAMS  OF AT LEAST ONE HOUR EACH FOR A TOTAL OF TWO HOURS. ONE SEXUAL
 HARASSMENT PREVENTION TRAINING PROGRAM SHALL  BE  COMPLETED  DURING  THE
 FIRST  TWELVE  MONTHS OF SUCH TWO-YEAR PERIOD IMMEDIATELY PRECEDING SUCH
 RENEWAL AND ONE SEXUAL HARASSMENT PREVENTION TRAINING PROGRAM  SHALL  BE
 COMPLETED  DURING THE SECOND TWELVE MONTHS OF SUCH TWO-YEAR PERIOD IMME-
 DIATELY PRECEDING SUCH RENEWAL. THE CONTENT OF  SUCH  SEXUAL  HARASSMENT
 TRAINING  PROGRAMS SHALL MEET THE REQUIREMENTS SET FORTH IN PARAGRAPHS A
 AND B OF SUBDIVISION TWO OF SECTION TWO HUNDRED ONE-G OF THE LABOR  LAW.
 ANY  TIME A REAL ESTATE LICENSEE IS REQUIRED TO RENEW THEIR LICENSE THEY
 SHALL AFFIRM TO THE DEPARTMENT OF STATE THAT THEY ARE IN COMPLIANCE WITH
 THE REQUIREMENTS OF THIS SUBPARAGRAPH.
   § 2. This act shall take effect one year after it shall have become  a
 law.

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