S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5985

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2011
                               ___________

Introduced by M. of A. KAVANAGH, V. LOPEZ -- Multi-Sponsored by -- M. of
  A.  BRENNAN,  CLARK,  DINOWITZ,  JACOBS,  MAYERSOHN,  NOLAN,  PHEFFER,
  P. RIVERA, WEISENBERG -- read once and referred to  the  Committee  on
  Housing

AN  ACT to amend the real property law, in relation to providing certif-
  ication and registration requirements for property managers of cooper-
  atives and condominiums

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  real property law is amended by adding a new article
12-D to read as follows:
                               ARTICLE 12-D
                      RESIDENTIAL REALTY MANAGEMENT
SECTION 448. RESIDENTIAL REALTY MANAGEMENT.
  S 448. RESIDENTIAL REALTY MANAGEMENT. 1.  AS  USED  IN  THIS  ARTICLE,
UNLESS THE CONTEXT OTHERWISE REQUIRES:
  (A) "CERTIFICATION" SHALL MEAN A DESIGNATION BY THE SECRETARY OF STATE
THAT  AN  INDIVIDUAL  HAS MET THE PREDETERMINED QUALIFICATIONS WHICH ARE
DEEMED TO CONSTITUTE A LEVEL OF  PROFICIENCY  ADEQUATE  TO  PERFORM  THE
DAY-TO-DAY  MANAGEMENT  AND OPERATION OF REAL PROPERTY USED FOR RESIDEN-
TIAL PURPOSES AND OWNED AS A COOPERATIVE OR CONDOMINIUM.
  (B) "PROPERTY MANAGER" SHALL MEAN ANY PERSON WHO, IN RETURN FOR REMUN-
ERATION OR COMPENSATION OF ANY KIND, PERFORMS RESIDENTIAL REALTY MANAGE-
MENT FOR REAL PROPERTY OWNED AS A CONDOMINIUM OR COOPERATIVE.   PROPERTY
MANAGER SHALL NOT MEAN OR INCLUDE:
  (1) A SHAREHOLDER OR OWNER OF THE COOPERATIVE OR CONDOMINIUM ACTING AS
A PROPERTY MANAGER WITHOUT REMUNERATION OR COMPENSATION OF ANY KIND; OR
  (2)  ANY  DEVELOPER  OR SPONSOR OF A COOPERATIVE OR CONDOMINIUM DURING
THE PERIOD THAT THE DEVELOPER OR SPONSOR RETAINS CONTROL OF THE  COOPER-
ATIVE  OR CONDOMINIUM; PROVIDED THAT THE DEVELOPER OR SPONSOR HAS IN ITS
EMPLOY OR HAS RETAINED A PROPERTY MANAGER CERTIFIED UNDER THIS ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01023-01-1
              

A. 5985                             2

  (C) "RESIDENTIAL REALTY MANAGEMENT" SHALL MEAN EITHER:
  (1)  THE  PERFORMANCE  OF  PRINCIPAL MANAGERIAL RESPONSIBILITIES FOR A
COOPERATIVE OR CONDOMINIUM; AND THE AUTHORITY FOR  POLICY  OR  FINANCIAL
DECISION  MAKING  FOR  ANY  ONE  OF THE FOLLOWING SERVICES: MAINTENANCE,
SECURITY, ENERGY CONSERVATION, CODE COMPLIANCE, LABOR RELATIONS,  FISCAL
BUDGETARY  RESPONSIBILITIES,  TENANT  RELATIONS, GOVERNMENTAL RELATIONS,
JANITORIAL SERVICES OR ANY OTHER PROVIDED SERVICE; OR
  (2) THE RESPONSIBILITY FOR THE COLLECTION AND  EXPENDITURE  OF  MONIES
FOR  AND ON BEHALF OF SUCH COOPERATIVE OR CONDOMINIUM, ITS OWNERS AND/OR
MANAGING BOARD, UNDER WHATEVER NAME KNOWN.
  2. NO PERSON SHALL PERFORM RESIDENTIAL REALTY MANAGEMENT  UNLESS  SUCH
PERSON  SHALL  HAVE FILED A PROPERTY MANAGER REGISTRATION STATEMENT WITH
THE SECRETARY OF STATE AS REQUIRED BY THIS SECTION AND HAS  BEEN  ISSUED
BY  THE  SECRETARY OF STATE A CERTIFICATE DEMONSTRATING THAT SUCH REGIS-
TRANT HAS SATISFIED ALL THE REQUIREMENTS FOR CERTIFICATION AS A PROPERTY
MANAGER AS SET FORTH BY THIS ARTICLE.
  NO COOPERATIVE OR CONDOMINIUM BOARD SHALL EMPLOY ANY  PERSON  FOR  THE
PURPOSE  OF  PERFORMING RESIDENTIAL REALTY MANAGEMENT UNLESS SUCH PERSON
HAS BEEN CERTIFIED BY THE OFFICE OF THE SECRETARY OF  STATE.  NOR  SHALL
THE  COOPERATIVE  OR  CONDOMINIUM  BOARD  EMPLOY  ANY FIRM, PARTNERSHIP,
CORPORATION OR OTHER ENTITY UNLESS ITS PROPERTY MANAGERS  ARE  CERTIFIED
BY THE OFFICE OF THE SECRETARY OF STATE.
  3.  THE  SECRETARY OF STATE SHALL PROMULGATE THE FORM OF THE REGISTRA-
TION STATEMENT TO BE KNOWN AS THE "PROPERTY MANAGER REGISTRATION  STATE-
MENT."  THE  PROPERTY MANAGER REGISTRATION STATEMENT FORM SHALL REQUIRE,
BUT NEED NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
  (A) THE NAME AND ADDRESS OF THE  PERSON  FILING  THE  REGISTRATION  TO
OBTAIN CERTIFICATION PURSUANT TO THIS ARTICLE;
  (B)  THE NAME AND ADDRESS OF THE CORPORATION, FIRM, ASSOCIATION, PART-
NERSHIP OR OTHER ENTITY THAT CURRENTLY EMPLOYS THE APPLICANT;
  (C) THE NAME AND ADDRESS OF  ALL  PARTNERS,  OFFICERS,  DIRECTORS  AND
PRINCIPALS  OF SUCH CORPORATION, FIRM, ASSOCIATION, PARTNERSHIP OR OTHER
ENTITY THAT CURRENTLY EMPLOYS THE APPLICANT;
  (D) A STATEMENT INDICATING WHETHER THE APPLICANT HAS:
  (1) BEEN CONVICTED OF ANY CRIME INVOLVING FRAUD OR DISHONESTY  OR  HAD
ANY CIVIL JUDGMENTS RELATING TO WORK AS A REAL PROPERTY MANAGER;
  (2)  EVER  HAD A REAL ESTATE BROKER'S LICENSE, AND IF SO, WHETHER SUCH
LICENSE WAS EVER REVOKED OR SUSPENDED;
  (3) AT ANY TIME IN THE PAST BEEN ISSUED A  CERTIFICATION  PURSUANT  TO
THIS  SECTION, AND IF SO, WHETHER SUCH CERTIFICATION WAS EVER REVOKED OR
SUSPENDED;
  (E) THE LENGTH OF TIME THAT THE APPLICANT HAS BEEN ENGAGED IN RESIDEN-
TIAL REALTY MANAGEMENT WHERE APPLICABLE AND A LIST OF EACH BUILDING  FOR
WHICH THE REGISTRANT HAS PERFORMED RESIDENTIAL REALTY MANAGEMENT AND THE
DATES AND ADDRESSES THEREOF;
  (F)  THE  NAME  AND  ADDRESS OF THE APPROVED PROPERTY MANAGER TRAINING
PROGRAM THAT THE APPLICANT HAS SATISFACTORILY COMPLETED AND THE DATE  OF
SUCH COMPLETION, IF REQUIRED; AND
  (G) A SWORN STATEMENT BY THE PROPERTY MANAGER THAT THE INFORMATION SET
FORTH IN THE STATEMENT IS CURRENT AND ACCURATE.
  4.  EVERY  CERTIFICATION  ISSUED  PURSUANT  TO  THIS  SECTION SHALL BE
RENEWED AS SET FORTH BY THE SECRETARY OF STATE BUT IN NO EVENT SHALL THE
TERM OF SUCH CERTIFICATION EXCEED TWO  YEARS.  THE  SECRETARY  OF  STATE
SHALL  COLLECT  A  FEE  OF FIFTY DOLLARS FOR EACH CERTIFICATION AND EACH
RENEWAL PURSUANT TO THIS SECTION.

A. 5985                             3

  5. A CERTIFIED PROPERTY MANAGER SHALL  GIVE  THE  SECRETARY  OF  STATE
WRITTEN  NOTIFICATION  WITHIN  FORTY-FIVE DAYS OF ANY MATERIAL CHANGE OF
CIRCUMSTANCES WHICH VARIES FROM THE INFORMATION CONTAINED IN HIS OR  HER
SWORN PROPERTY MANAGER REGISTRATION STATEMENT PREVIOUSLY PROVIDED TO THE
SECRETARY OF STATE INCLUDING, BUT NOT LIMITED TO, CHANGES IN EMPLOYMENT,
RETIREMENT, RESIGNATION OR TERMINATION.
  6.  THE SECRETARY OF STATE, UPON THE RECEIPT AND REVIEW OF A SATISFAC-
TORILY COMPLETED PROPERTY MANAGER REGISTRATION STATEMENT,  MAY  ISSUE  A
CERTIFICATION TO ANY APPLICANT WHO HAS:
  (A)  (1)  SUCCESSFULLY COMPLETED A   PROPERTY MANAGER TRAINING PROGRAM
APPROVED BY THE SECRETARY OF STATE WHICH PROVIDES THE APPLICANT WITH THE
REQUISITE SKILLS, KNOWLEDGE AND TRAINING NECESSARY TO  PERFORM  RESIDEN-
TIAL REALTY MANAGEMENT AS DEFINED BY PARAGRAPH (C) OF SUBDIVISION ONE OF
THIS  SECTION,  OR  (2) BEEN GAINFULLY EMPLOYED AS A PROPERTY MANAGER AS
DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION FOR THE FIVE
YEARS IMMEDIATELY PRECEDING ENACTMENT OF THIS SECTION; AND
  (B) HAS MET ANY OTHER CRITERIA ESTABLISHED BY THE SECRETARY  OF  STATE
IN  ORDER TO BE ELIGIBLE TO RECEIVE CERTIFICATION AS A PROPERTY MANAGER;
OR
  (C) HAS DEMONSTRATED, IN THE CASE  OF  A  CERTIFIED  PROPERTY  MANAGER
APPLYING  FOR  RECERTIFICATION, THE COMPETENCY AND INTEGRITY TO CONTINUE
TO PERFORM THE DUTIES OF A PROPERTY MANAGER AND HAS NOT HAD SUCH CERTIF-
ICATION REVOKED.
  THE SECRETARY OF STATE MAY REFUSE   TO  ISSUE  A  CERTIFICATE  TO  ANY
PERSON WHO HE OR SHE FINDS, AFTER NOTICE AND HEARING, HAS BEEN CONVICTED
OF ANY CRIME INVOLVING FRAUD OR DISHONESTY, OR WHERE REFUSAL WILL IN HIS
OR HER JUDGMENT, BEST PROMOTE THE INTERESTS OF THE PEOPLE OF THIS STATE.
  7. THE SECRETARY OF STATE SHALL ESTABLISH PROCEDURES AND CRITERIA, AND
SHALL  PROMULGATE REGULATIONS, FOR: (A) APPROVING OR DISAPPROVING APPLI-
CATIONS FOR CERTIFICATIONS TO ACT AS A PROPERTY  MANAGER;  AND  (B)  THE
APPROVAL  OF AND THE PERIODIC REVIEW OF CERTIFICATION TRAINING PROGRAMS.
ANY COMPLAINT IN CONNECTION WITH AN ACTION  TAKEN  OR  INACTION  BY  THE
SECRETARY  OF STATE PURSUANT TO THIS ARTICLE SHALL BE WITHIN THE PURVIEW
OF THE SECRETARY OF STATE.  IN ESTABLISHING THE PROCEDURES  REQUIRED  BY
THIS  SUBDIVISION, THE SECRETARY OF STATE MAY PROVIDE THAT ANY ORGANIZA-
TION WHICH HAS BEEN DESIGNATED BY THE FEDERAL DEPARTMENT OF HOUSING  AND
URBAN  DEVELOPMENT AS AN APPROVED CERTIFICATION TRAINING PROGRAM MAY ACT
AS SUCH PURSUANT TO THIS ARTICLE.
  8. THE SECRETARY OF STATE MAY  REFUSE  TO  RENEW,  OR  MAY  REVOKE  OR
SUSPEND  THE CERTIFICATION OF ANY PROPERTY MANAGER, IF, AFTER NOTICE AND
HEARING, HE OR SHE FINDS THAT SUCH PROPERTY MANAGER HAS FAILED TO COMPLY
WITH ANY OF THE REQUIREMENTS IMPOSED BY THE PROVISIONS HEREIN AND IF  IN
HIS  OR  HER JUDGMENT SUCH SUSPENSION OR REVOCATION IS REASONABLY NECES-
SARY TO PROTECT THE INTERESTS OF THE PEOPLE OF THIS STATE. THE SECRETARY
OF STATE MAY IN HIS OR HER DISCRETION REINSTATE SUCH CERTIFICATION WHERE
SUCH GROUNDS FOR SUSPENSION OR REVOCATION NO LONGER EXISTS.
  9. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  ANY  PROPERTY
MANAGER  OR ANY FIRM, ASSOCIATION, PARTNERSHIP, ENTITY AND ANY AFFILIATE
OF SUCH FIRM, ASSOCIATION, PARTNERSHIP OR ENTITY  EMPLOYING  A  PROPERTY
MANAGER, CONTRACTING WITH A PROPERTY MANAGER OR CONTRACTING TO PROVIDE A
PROPERTY MANAGER, IF ALL THE CONDOMINIUMS OR COOPERATIVES FOR WHICH SUCH
PROPERTY  MANAGER, FIRM, ASSOCIATION, PARTNERSHIP, ENTITY AND ANY AFFIL-
IATE OF SUCH FIRM, ASSOCIATION, PARTNERSHIP OR ENTITY PERFORMS  SERVICES
COMPRISES LESS THAN TWENTY-FIVE RESIDENTIAL UNITS.
  10. ANY PROPERTY MANAGER OR ANY FIRM, ASSOCIATION, PARTNERSHIP, CORPO-
RATION  OR  OTHER ENTITY, OTHER THAN A COOPERATIVE OR CONDOMINIUM BOARD,

A. 5985                             4

EMPLOYING A PROPERTY MANAGER, CONTRACTING WITH  A  PROPERTY  MANAGER  OR
CONTRACTING  TO PROVIDE A PROPERTY MANAGER THAT FAILS TO COMPLY WITH THE
REQUIREMENTS OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY NOT  TO
EXCEED  ONE  THOUSAND  DOLLARS  FOR A FIRST VIOLATION, TWO THOUSAND FIVE
HUNDRED DOLLARS FOR A SECOND VIOLATION, AND FIVE THOUSAND DOLLARS FOR  A
THIRD OR SUBSEQUENT VIOLATION.
  ANY COOPERATIVE OR CONDOMINIUM BOARD WHICH KNOWINGLY HIRES AN UNREGIS-
TERED  PROPERTY  MANAGER MAY BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED
ONE THOUSAND DOLLARS.
  11. ALL MONIES COLLECTED WHILE PERFORMING RESIDENTIAL  REALTY  MANAGE-
MENT  SHALL  BE SEGREGATED AND SEPARATE ACCOUNTS SHALL BE MAINTAINED FOR
EACH CONDOMINIUM OR COOPERATIVE BEING MANAGED.  ANY  VIOLATION  OF  THIS
PROVISION  SHALL  CONSTITUTE  A  MISDEMEANOR PUNISHABLE BY A FINE NOT TO
EXCEED FIVE THOUSAND DOLLARS.
  12. WHEN A PROPERTY  MANAGER  CEASES  TO  PERFORM  RESIDENTIAL  REALTY
MANAGEMENT  SERVICES  FOR  A  COOPERATIVE  OR  CONDOMINIUM, THE PROPERTY
MANAGER WITHIN TEN BUSINESS DAYS SHALL BE  REQUIRED  TO  TURN  OVER  ALL
BUILDING  RECORDS  AND ALL FUNDS, WHICH HAVE BEEN PLACED INTO HIS OR HER
CARE OR ARE IN HIS OR HER POSSESSION, TO THE BOARD OF DIRECTORS  OF  THE
COOPERATIVE  OR  BOARD OF MANAGERS OF THE CONDOMINIUM OR THEIR DESIGNEE.
NEVERTHELESS, SUCH FUNDS AND/OR RECORDS  REQUIRING  BANK  RECONCILIATION
SHALL BE TURNED OVER WITHIN FORTY-FIVE DAYS OF TERMINATION.
  13.  THE  ATTORNEY  GENERAL  SHALL  HAVE  THE  POWER  TO  ENFORCE  THE
PROVISIONS OF THIS ARTICLE.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a law, except that any rules and regulations necessary for
the timely implementation of this act on its  effective  date  shall  be
promulgated  on or before such date; provided, however, that subdivision
2 of section 448 of the real property law, as added by  section  one  of
this act, shall take effect January 1, 2012.