Designates the fifty-sixth assembly district encompassing community board 3 and community board 8 a cease and desist zone; establishes an affirmative defense to violations of nonsolicitation orders and cease and desist zones.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5881B
SPONSOR: Zinerman TITLE OF BILL:
An act to amend the real property law, in relation to designating the
fifty-sixth assembly district encompassing community board 3 and commu-
nity board 8 a cease and desist zone and establishing an affirmative
defense to violations of nonsolicitation orders and cease and desist
zones
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of the bill is to institute a real estate cease and desist
program in a portion of King's County, Brooklyn with a 5-year active
period.
SUMMARY OF PROVISIONS:
Section 1 the real property law is amended by adding a new section 442-
hh
§2 Section 442-h of the real property law is amended by adding a new A 1
subdivision 4
§3. This act shall take effect on the thirtieth day after it shall have
become a law and shall apply to all non-solicitation orders issued on
and after such effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The amended version would narrow the scope of the bill from all of Kings
County to just the Fifty-eight assembly district.
JUSTIFICATION:
In order to curb aggressive real estate solicitation practices, the
State legislature designated the entire County of Queens a "cease and
desist zone" in 1989. This law allowed homeowners in Queens to place
their names and addresses on a cease and desist list, providing them a
choice to opt out of receiving unwanted real estate solicitation at
their homes. This legislation would designate a real estate cease and
desist program in the entire county of Kings to provide homeowners with
a means to effectively express their wish not to be solicited by real
estate brokers or agents.
PRIOR LEGISLATIVE HISTORY:
2024: A.9332: Referred to Judiciary
2025/26: A.5881: Referred to Judiciary
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None known.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it becomes a law
and shall apply to all non-solicitation orders issued on and after such
effective date.
STATE OF NEW YORK
________________________________________________________________________
5881--B
2025-2026 Regular Sessions
IN ASSEMBLY
February 24, 2025
___________
Introduced by M. of A. ZINERMAN, SHIMSKY, HYNDMAN -- read once and
referred to the Committee on Judiciary -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- recommitted to the Committee on Judiciary in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the real property law, in relation to designating the
fifty-sixth assembly district encompassing community board 3 and
community board 8 a cease and desist zone and establishing an affirma-
tive defense to violations of nonsolicitation orders and cease and
desist zones
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The real property law is amended by adding a new section
2 442-hh to read as follows:
3 § 442-hh. Designating the fifty-sixth assembly district encompassing
4 community board three and community board eight a cease and desist zone.
5 Notwithstanding any other law, rule or regulation to the contrary, the
6 fifty-sixth assembly district encompassing community board three and
7 community board eight shall be included on the cease and desist list
8 compiled by the secretary of state pursuant to section four hundred
9 forty-two-h of this article.
10 § 2. Section 442-h of the real property law is amended by adding a new
11 subdivision 5 to read as follows:
12 5. In any action alleging a violation of this section, it shall be an
13 affirmative defense that the owner of residential real property included
14 in a nonsolicitation order or cease and desist zone publicized that such
15 property was for sale through means including but not limited to adver-
16 tisements or real estate listings.
17 § 3. This act shall take effect on the thirtieth day after it shall
18 have become a law and shall apply to all nonsolicitation orders issued
19 on and after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09036-04-6
