S05982 Summary:

BILL NOS05982
 
SAME ASNo Same As
 
SPONSORSKOUFIS
 
COSPNSR
 
MLTSPNSR
 
Amd §441, RP L
 
Increases necessary course hours to 150 and necessary years of supervision to five years for real estate brokers applying for a license; requires six hours of instruction pertaining to fair housing and/or discrimination in the sale or rental of real property or an interest in real property for real estate salesmen applying for a license.
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S05982 Actions:

BILL NOS05982
 
03/24/2021REFERRED TO JUDICIARY
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S05982 Committee Votes:

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S05982 Floor Votes:

There are no votes for this bill in this legislative session.
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S05982 Memo:

Memo not available
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S05982 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5982
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                     March 24, 2021
                                       ___________
 
        Introduced  by  Sen. SKOUFIS -- 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 certain
          course hours and  periods  of  supervision  for  certain  real  estate
          license applications

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraphs (b) and (c) of subdivision 1 of section  441  of
     2  the  real  property  law, as amended by chapter 183 of the laws of 2006,
     3  are amended to read as follows:
     4    (b) Such further information as the department may reasonably  require
     5  shall be furnished by the applicant including sufficient proof of having
     6  taken  and  passed  a written examination and answered such questions as
     7  may be prepared by the department to enable it to determine  the  trust-
     8  worthiness  of  the  applicant  if an individual, or of each member of a
     9  co-partnership or each member of a limited  liability  company  or  each
    10  officer  of  a  corporation for whom a license as a broker is asked, and
    11  his or their competency to transact the business of real  estate  broker
    12  in  such a manner as to safeguard the interests of the public. In deter-
    13  mining competency, the department shall require proof  that  the  person
    14  being tested to qualify to apply for a broker's license has a fair know-
    15  ledge  of  the  English  language,  a  fair understanding of the general
    16  purposes and general legal effect of deeds, mortgages, land contracts of
    17  sale, and leases, a general and fair understanding  of  the  obligations
    18  between  principal  and  agent,  as  well  as  of the provisions of this
    19  section. The applicant must also furnish proof that he has attended  for
    20  at least one hundred [twenty] fifty hours and has successfully completed
    21  a real estate course or courses approved by the secretary of state as to
    22  method and content and supervision which approval may be withdrawn if in
    23  the  opinion  of  the  secretary of state said course or courses are not
    24  being conducted properly as to method, content and supervision, and that
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10659-01-1

        S. 5982                             2
 
     1  either the applicant has  actively  participated  in  the  general  real
     2  estate  brokerage  business as a licensed real estate salesman under the
     3  supervision of a licensed real estate broker for a period  of  not  less
     4  than  [two]  five consecutive years or has had the equivalent experience
     5  in general real estate business for a period of at  least  three  years,
     6  the  nature  of  which experience shall be established by affidavit duly
     7  sworn to under oath and/or other  and  further  proof  required  by  the
     8  department  of state.   Computer-based and distance-learning courses may
     9  be approved by the department so long as providers demonstrate the abil-
    10  ity to monitor and verify participation by the applicant for the  speci-
    11  fied  time  period.   Notwithstanding the foregoing authority to approve
    12  computer-based  and  distance-learning  courses,  the   department   may
    13  prescribe that specified subjects or hours must be presented in a class-
    14  room setting.
    15    (c) In the event the applicant shall be a licensed salesman under this
    16  article  and  shall  have  submitted  acceptable  proof  pursuant to the
    17  provisions of either paragraph (d) of subdivision one-A of this  section
    18  or paragraph (a) of subdivision three of this section of having attended
    19  and successfully completed seventy-five hours of an approved real estate
    20  course or courses within eight years of the date of the application, the
    21  department  may  accept and credit same against the one hundred [twenty]
    22  fifty hours required hereunder.
    23    § 2. Paragraph (d) of subdivision 1-A of section 441 of the real prop-
    24  erty law, as amended by chapter 183 of the laws of 2006, is  amended  to
    25  read as follows:
    26    (d)  Anything to the contrary herein notwithstanding, on and after the
    27  effective date of this paragraph, no salesman's license  or  conditional
    28  license  shall be issued by the department unless the application there-
    29  for has been accompanied by proof that prior  to  such  application  the
    30  applicant  has attended at least seventy-five hours, which shall include
    31  at least six hours of instruction  pertaining  to  fair  housing  and/or
    32  discrimination  in the sale or rental of real property or an interest in
    33  real property, and successfully completed a real estate course or cours-
    34  es approved by the secretary of state  as  to  method  and  content  and
    35  supervision,  which  approval  may be withdrawn if in the opinion of the
    36  secretary of state said course or courses are not properly conducted  as
    37  to method, content and supervision. Computer-based and distance-learning
    38  courses  may  be  approved by the department so long as providers demon-
    39  strate the ability to monitor and verify participation by the  applicant
    40  for  the  specified time period. Notwithstanding the foregoing authority
    41  to approve computer-based and distance-learning courses, the  department
    42  may  prescribe  that  specified subjects or hours must be presented in a
    43  classroom setting.
    44    § 3. This act shall take effect on the one hundred eightieth day after
    45  it shall have become a law.
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