A06756 Summary:

BILL NOA06756
 
SAME ASNo Same As
 
SPONSORCusick
 
COSPNSR
 
MLTSPNSR
 
Amd §§399-z & 399-pp, Gen Bus L
 
Provides that real estate licensees may make telemarketing calls during a state of emergency.
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A06756 Actions:

BILL NOA06756
 
03/29/2021referred to consumer affairs and protection
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A06756 Committee Votes:

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A06756 Floor Votes:

There are no votes for this bill in this legislative session.
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A06756 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6756
 
SPONSOR: Cusick
  TITLE OF BILL: An act to amend the general business law, in relation to telemarketing calls made by real estate licensees during a state of emergency   SUMMARY OF PROVISIONS: Section one adds a new subdivision 5-b to section 399-z of the general business law to clarify that real estate professionals licensed by the State of New York may continue certain business activities during a state of emergency including telemarketing sales calls. Section two adds a new subparagraph 1 to subdivision 7, paragraph f of section 399-pp of the general business law to clarify that real estate professionals licensed by the State of New York may continue certain business activities during a state of emergency including telemarketing sales calls. Section three sets forth an effective date of Immediately.   JUSTIFICATION: New York State recognizes the importance of a vibrant and open real estate market and as such was classified as an essential activity early in the Covid-19 pandemic. Unfortunately, the pandemic has presented New Yorkers seeking to buy or sell real estate with many challenges. Among those are current restrictions in place on licensees' abilities to communicate with potential clients. New York is currently facing a housing shortage that has only been exacerbated by the pandemic. Current law diminishes New York's real estate licensee's ability to fully service their buyer clients in their search for a home as the licensee cannot contact current homeowners that may be willing to consider selling their property. Absent the pandemic, real estate licensees would also be able to market properties to poten- tial buyers. Allowing licensees to communicate with potential sellers will also result in more housing inventory on the market, which is severely lacking right now. This legislation will allow licensed real estate professionals with the opportunity to provide services and information to the public that are normally provided while not within a state of emergency. This includes providing critical information on home values, potential buyers, and their local real estate market.   LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately.
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A06756 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6756
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 29, 2021
                                       ___________
 
        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on Consumer Affairs and Protection
 
        AN  ACT  to amend the general business law, in relation to telemarketing
          calls made by real estate licensees during a state of emergency
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.   Subdivision 5-a of section 399-z of the general business
     2  law, as added by chapter 680 of the laws of 2019, is amended to read  as
     3  follows:
     4    5-a.  It shall be unlawful for any telemarketer doing business in this
     5  state to knowingly make an unsolicited telemarketing sales call  to  any
     6  person  in  a  county,  city,  town or village under a declared state of
     7  emergency or disaster emergency as described in sections twenty-four  or
     8  twenty-eight  of  the  executive  law;  provided, however, that a person
     9  shall not be held liable for violating this subdivision if the person is
    10  a licensed real estate broker, associate  real  estate  broker  or  real
    11  estate  salesperson  pursuant  to section four hundred forty of the real
    12  property law and is performing a licensed real estate activity.
    13    § 2. Paragraph f of subdivision 7 of section  399-pp  of  the  general
    14  business law, as added by chapter 680 of the laws of 2019, is amended to
    15  read as follows:
    16    f.  knowingly  make  an  unsolicited  telemarketing  sales call to any
    17  person in a county, city, town or village  under  a  declared  state  of
    18  emergency  or disaster emergency as described in sections twenty-four or
    19  twenty-eight of the executive law;  provided,  however,  that  a  person
    20  shall not be held liable for violating this paragraph if the person is a
    21  licensed real estate broker, associate real estate broker or real estate
    22  salesperson  pursuant to section four hundred forty of the real property
    23  law and is performing a licensed real estate activity.
    24    § 3. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10571-01-1
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