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A05363 Summary:

BILL NOA05363
 
SAME ASSAME AS S02133-A
 
SPONSORJean-Pierre
 
COSPNSRWalsh
 
MLTSPNSR
 
Amd §441-b, RP L
 
Adds a surcharge to the fee paid for issuing or reissuing a real estate broker or salesmen license with such surcharge being collected by the department of state and payable to the office of the attorney general, to be used for statewide fair housing testing efforts.
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A05363 Actions:

BILL NOA05363
 
02/16/2021referred to judiciary
05/26/2021reported referred to rules
06/02/2021reported
06/02/2021rules report cal.320
06/02/2021ordered to third reading rules cal.320
06/03/2021substituted by s2133a
 S02133 AMEND=A SKOUFIS
 01/19/2021REFERRED TO JUDICIARY
 02/01/2021REPORTED AND COMMITTED TO RULES
 02/02/2021ORDERED TO THIRD READING CAL.231
 02/03/2021AMENDED ON THIRD READING 2133A
 02/08/2021PASSED SENATE
 02/08/2021DELIVERED TO ASSEMBLY
 02/08/2021referred to judiciary
 06/03/2021substituted for a5363
 06/03/2021ordered to third reading rules cal.320
 06/09/2021passed assembly
 06/09/2021returned to senate
 12/10/2021DELIVERED TO GOVERNOR
 12/21/2021SIGNED CHAP.698
 12/21/2021APPROVAL MEMO.82
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A05363 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5363
 
SPONSOR: Jean-Pierre
  TITLE OF BILL: An act to amend the real property law, in relation to adding a surcharge to the fee paid for issuing or reissuing a real estate broker or sales- men license   PURPOSE: This bill proposes to fund statewide fair housing testing efforts by implementing a surcharge on the licensing fees for brokers and agents.   SUMMARY OF PROVISIONS: Section 1: Amends real property law section 441-b to implement an addi- tional thirty dollar surcharge for broker's licenses issued or reissued and an additional ten dollar surcharge for salesperson's licenses issued or reissued to be collected by the New York State Office of the Attorney General to be used for statewide fair housing testing efforts. Section 2: Effective date.   JUSTIFICATION: On November 17, 2019, Newsday, a media outlet based on Long Island, published the results of a three-year investigation of discrimination by real estate agents, revealing evidence of widespread separate and unequal treatment of minority potential homebuyers and minority communi- ties on Long Island. Newsday utilized paired testing efforts in its investigation. Paired testing is an invaluable tool to identify-and subsequently elimi- nate-where discrimination is prevalent. Contemporary housing discrimi- nation has evolved since the pre-fair housing movement; discrimination, once overt, is now much more implicit. Mechanisms such as coded language, steering, provision of unequal services and placement of greater financial requirements on minorities are employed to maintain residential segregation. These mechanisms occur in such a subtle manner, some victims are unaware that discrimination has even occurred. Imple- menting a modest surcharge on the licensing fees for brokers and agents would provide significant funding dedicated to statewide fair housing testing efforts, including but not limited to the practice of paired testing.   LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: To be determined   EFFECTIVE DATE: This act shall take effect immediately
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A05363 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5363
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 16, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
          Committee on Judiciary
 
        AN ACT to amend the real property law, in relation to adding a surcharge
          to the fee paid for issuing or  reissuing  a  real  estate  broker  or
          salesmen license
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 441-b of the real property law, as
     2  amended by section 1 of part S of chapter 58 of the  laws  of  2017,  is
     3  amended to read as follows:
     4    1.  The  fee  for a license issued or reissued under the provisions of
     5  this article  entitling  a  person,  co-partnership,  limited  liability
     6  company  or  corporation  to  act  as  a real estate broker shall be one
     7  hundred fifty-five dollars plus an additional thirty  dollar  surcharge.
     8  Such surcharge shall be collected by the department of state and payable
     9  to  the  office  of  the  attorney general to be used for statewide fair
    10  housing testing efforts. The fee for a license issued or reissued  under
    11  the  provisions  of  this  article  entitling  a person to act as a real
    12  estate salesman shall be  fifty-five  dollars  plus  an  additional  ten
    13  dollar surcharge. Such surcharge shall be collected by the department of
    14  state  and  payable to the office of the attorney general to be used for
    15  statewide fair housing testing efforts. Notwithstanding  the  provisions
    16  of  subdivision  seven of section four hundred forty-one-a of this arti-
    17  cle, after January first, nineteen hundred eighty-six, the secretary  of
    18  state  shall  assign staggered expiration dates for outstanding licenses
    19  that have been previously renewed on October thirty-first of  each  year
    20  from the assigned date unless renewed. If the assigned date results in a
    21  term  that  exceeds twenty-four months, the applicant shall pay an addi-
    22  tional prorated adjustment together with the regular  renewal  fee.  The
    23  secretary  of  state shall assign dates to existing licenses in a manner
    24  which shall result in a term of not less than two years.
    25    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06384-04-1
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