NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4638A
SPONSOR: Sillitti TITLE OF BILL:
An act to amend the real property law, in relation to requiring real
estate brokers and salespersons to receive implicit bias training as
part of their license renewal process
PURPOSE:
This legislation requires an additional two hours of training, specif-
ically concentrating on implicit bias training and understanding for a
real estate broker, or salesperson as part of their license renewal
process.
SUMMARY OF PROVISIONS:
Section 1 Amends Paragraph (a) of subdivision 3 of section 441 of the
real property law, as amended by chapter 320 of the laws of 2016 to
require an additional two hours of instruction pertaining to implicit
bias awareness and understanding. Further, this section defines implicit
bias.
Section 2 Amends Paragraph (a) of subdivision 3 of section 441 of the
real property law, as amended by chapter 392 of the laws of 2019 to
require an additional two hours of instruction pertaining to implicit
bias awareness and understanding. Further, this section defines implicit
bias.
Section 3 is the effective date.
JUSTIFICATION:
This legislation defines implicit bias as the attitudes or stereotypes
that affect an individual's understanding, actions and decisions in an
unconscious manner. On September 17, 2020, multiple New York State
Senate Committees received testimony from brokers and salespersons who
were identified in an outstanding NEWSDAY expose titled "Long Island
Divided" which detailed Long Island's Housing Market and the housing
discrimination that exists. "Long Island Divided" identified both
explicit and implicit bias that exists amongst the real estate industry.
During testimony on September 17th it became apparent that those testi-
fying were unaware the impact implicit bias could have on their jobs as
real estate professionals, which was incredibly disturbing to all. This
legislation seeks to use education as means to make these professionals
aware as to what implicit bias is, and the illegal and immoral impact it
has.
LEGISLATIVE HISTORY:
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law, provided, however, that if Chapter 392 of the
Laws of 2019 shall not have taken effect on or before such date, then
this act shall take effect on the same date and in the same manner as
such chapter of the laws of 2019.
STATE OF NEW YORK
________________________________________________________________________
4638--A
2021-2022 Regular Sessions
IN ASSEMBLY
February 4, 2021
___________
Introduced by M. of A. SILLITTI -- read once and referred to the Commit-
tee on Judiciary -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the real property law, in relation to requiring real
estate brokers and salespersons to receive implicit bias training as
part of their license renewal process
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 3 of section 441 of the real
2 property law, as amended by chapter 392 of the laws of 2019, is amended
3 to read as follows:
4 (a) No renewal license shall be issued any licensee under this article
5 for any license period commencing November first, nineteen hundred nine-
6 ty-five unless such licensee shall have within the two year period imme-
7 diately preceding such renewal attended at least twenty-two and one-half
8 hours which shall include at least three hours of instruction pertaining
9 to fair housing and/or discrimination in the sale or rental of real
10 property or an interest in real property, at least two hours of instruc-
11 tion pertaining to implicit bias awareness and understanding, at least
12 two and one-half hours of instruction pertaining to ethical business
13 practices, at least one hour of instruction pertaining to recent legal
14 matters governing the practice of real estate brokers and salespersons
15 in New York which may include statutes, laws, regulations, rules, codes,
16 department of state opinions and decisions, and court decisions and at
17 least one hour of instruction pertaining to the law of agency except in
18 the case of the initial two-year licensing term for real estate sales-
19 persons, two hours of agency related instruction must be completed, and
20 successfully completed a continuing education real estate course or
21 courses approved by the secretary of state as to method, content and
22 supervision, which approval may be withdrawn if in the opinion of the
23 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.
LBD04889-05-1
A. 4638--A 2
1 erly as to method, content and supervision. For those individuals
2 licensed pursuant to subdivision six of section four hundred forty-two-g
3 of this article, in the individual's initial license term, at least
4 eleven hours of the required twenty-two and one-half hours of continuing
5 education shall be completed during the first year of the term. Of those
6 eleven hours, three hours shall pertain to applicable New York state
7 statutes and regulations governing the practice of real estate brokers
8 and salespersons. To establish compliance with the continuing education
9 requirements imposed by this section, licensees shall provide an affida-
10 vit, in a form acceptable to the department of state, establishing the
11 nature of the continuing education acquired and shall provide such
12 further proof as required by the department of state. For purposes of
13 this subdivision, "implicit bias" shall mean the attitudes or stere-
14 otypes that affect an individual's understanding, actions and decisions
15 in an unconscious manner.
16 § 2. This act shall take effect on the one hundred eightieth day after
17 it shall have become a law, provided, however, that if chapter 392 of
18 the laws of 2019 shall not have taken effect on or before such date then
19 this act shall take effect on the same date and in the same manner as
20 such chapter of the laws of 2019 takes effect.
