Queens Chronicle: Cease and desist bill set for Albany - Avella wants entire borough of Queens included in updated list

Realtors beware. If state Sen. Tony Avella (D-Bayside) has his way, real estate solicitations may become a thing of the past in Queens.

Avella announced on Monday that he will introduce a bill in Albany to add the entire borough to the cease and desist list, which will allow all Queens residents to opt out of receiving unwanted real estate calls, mailings and ads.

Under the present state law, only certain neighborhoods deemed eligible by the state can qualify as cease and desist areas. Residents must show excessive distribution of real estate solicitations to qualify.

Avella’s bill will allow residents to add their addresses to the list, rather than by a neighborhood. The bill will also extend the active period from five to 10 years.

“For too long, Queens residents have been inundated with massive amounts of real estate solicitations and ads,” Avella said. “While the previous law was a good first step in trying to address the problem, the process was simply too complicated, overly burdensome and the expiration period of five years is just too short.”

The senator noted that he had recently received 75 separate real estate mailers from just a few annoyed residents and the Auburndale Improvement Association had collected more than 100 pieces of wanted mailers.

Several civic leaders from Avella’s district spoke out against the solicitations on Monday.

“I am tired of getting mailers and little business cards stuck in my mailbox and wrought iron doors from real estate brokers,” said Tyler Cassell, president of the North Flushing Civic Association. “Not only do they put them in my front door, but also in my side door. It’s time for this type of solicitation to stop”

Michael O’Keeffe, president of the Creedmoor Civic Association in Bellerose, said he has received complaints from members about the realtors’ practices. “The system needs to be user friendly and be able to be updated regularly,” O’Keeffe said. “It is unacceptable to have to wait an entire year to be added to the nonsolicitation list, which has been the state’s practice.”

Kim Cody, president of the Greater Whitestone Taxpayers Civic Association, said his members “fully agree” with the bill. “There is absolutely no need for the members of our community to be continually bombarded with these unwanted solicitations from outside real estate agents,” Cody added.

Jerry Wind, president of the Bellerose Hillside Civic Association, noted that several years ago the cease and desist law was passed to prevent unscrupulous realtors from using blockbusting techniques to frighten homeowners into selling their houses at below-market prices.

He added that in the past the state only required a signed postcard from homeowners who did not want to be solicited, but that now the state wants petitions signed before a neighborhood can participate.

“I feel this is unnecessary bureaucracy,” Wind said. “There was nothing wrong with the old method and it should be re-implemented along with the law.”

Queens neighborhoods that have been part of the cease and desist program in the past include Woodhaven, South Ozone Park, Whitestone, Bellerose, Bayside, Queens Village and the Rockaways.

“Our residents have the right to enjoy the pease and quiet that our borough is known for, and that includes peace and quiet from obnoxious solicitations,” Avella said.

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