Requires the inclusion of instruction in ethical business practices and recent legal matters in the continuing education requirements for real estate licensees.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6082
SPONSOR: Dinowitz TITLE OF BILL:
An act to amend the real property law, in relation to requiring the
inclusion of instruction in ethical business practices and recent legal
matters in the continuing education requirements for real estate licen-
sees
PURPOSE:
This bill would expand the core requirements for continuing education
for real estate licensees to require two and a half hours pertaining to
ethical business practices and one hour pertaining to legal updates. It
would also require all New York State licensed real estate brokers to
complete mandatory continuing education requirements, with no
exemptions.
SUMMARY OF PROVISIONS:
Section one of the bill amends provisions of Section 441 of the Real
Property Law relating to continuing education requirements for real
estate licensees to: require licensees to complete at least two and
one-half hours of instruction pertaining to ethical business practices
and at least one hour of instruction pertaining to recent legal matters
governing the practice of real estate brokers and salespersons in NY;
and eliminate a provision currently in law which allows any licensed
real estate broker who is engaged full time in the real estate business
and has been licensed prior to July 1, 2008 for at least fifteen consec-
utive years to be exempt from continuing education requirements.
Section two of the bill establishes the effective date of July 1, 2021.
JUSTIFICATION:
Mandatory continuing education courses provide licensed real estate
professionals with updated knowledge on changes in their field. Exist-
ing state law currently requires that real estate licensees applying for
renewal of their license complete 22.5 hours of continuing education in
the two-year period immediately preceding the renewal. As part of that
overall requirement, they are required to attend at least three hours of
instruction pertaining to fair housing and/or discrimination in the sale
or rental of real property or an interest in real property, and to
attend at least one hour of instruction relating to the law of agency.
This bill would expand those mandated core requirements to include at
least two and a half hours of instruction pertaining to ethical business
practices, and at least one hour of instruction pertaining to recent
legal matters governing the practice of real estate brokers and sales-
persons in New York, including statutes, laws, regulations, rules,
codes, Department of State opinions and decisions, and court decisions.
Additionally, this bill would eliminate a provision of law that current-
ly allows certain brokers who are engaged full time in the real estate
business and have been licensed for at least 15 consecutive years, main-
taining continuous licensure prior to July 1, 2008, to be exempted from
continuing education requirements. This is known as a "grandfathering"
clause. Given ongoing changes in the real estate profession, increasing
the number of mandatory core instruction hours and requiring all licen-
sees to complete these hours will help improve the level of quality and
expertise among real estate professionals. Ensuring that all real estate
licensees receive professional education and development regarding high
ethical standards and new laws, regulations, and court decisions which
apply to their profession will benefit both licensees and New York's
residents.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect July 1, 2021.
STATE OF NEW YORK
________________________________________________________________________
6082
2019-2020 Regular Sessions
IN ASSEMBLY
February 27, 2019
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the real property law, in relation to requiring the
inclusion of instruction in ethical business practices and recent
legal matters in the continuing education requirements for real estate
licensees
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 320 of the laws of 2016, 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 and one-half
11 hours of instruction pertaining to ethical business practices, at least
12 one hour of instruction pertaining to recent legal matters governing the
13 practice of real estate brokers and salespersons in New York which may
14 include statutes, laws, regulations, rules, codes, department of state
15 opinions and decisions, and court decisions and at least one hour of
16 instruction pertaining to the law of agency except in the case of the
17 initial two-year licensing term for real estate salespersons, two hours
18 of agency related instruction must be completed, and successfully
19 completed a continuing education real estate course or courses approved
20 by the secretary of state as to method, content and supervision, which
21 approval may be withdrawn if in the opinion of the secretary of state
22 such course or courses are not being conducted properly as to method,
23 content and supervision. For those individuals licensed pursuant to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10037-01-9
A. 6082 2
1 subdivision six of section four hundred forty-two-g of this article, in
2 the individual's initial license term, at least eleven hours of the
3 required twenty-two and one-half hours of continuing education shall be
4 completed during the first year of the term. Of those eleven hours,
5 three hours shall pertain to applicable New York state statutes and
6 regulations governing the practice of real estate brokers and salesper-
7 sons. To establish compliance with the continuing education requirements
8 imposed by this section, licensees shall provide an affidavit, in a form
9 acceptable to the department of state, establishing the nature of the
10 continuing education acquired and shall provide such further proof as
11 required by the department of state. [The provisions of this paragraph
12 shall not apply to any licensed real estate broker who is engaged full
13 time in the real estate business and who has been licensed under this
14 article prior to July first, two thousand eight for at least fifteen
15 consecutive years immediately preceding such renewal.]
16 § 2. This act shall take effect July 1, 2021.
