NY State Assembly Bill 2009-A3187

Assembly Bill A3187

2009-2010 Legislative Session

Increases the fine that may be imposed for violations of real estate licensing laws and provides for procedures in connection with nonsolicitation orders

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2010	reported referred to codes
Jun 10, 2010	print number 3187a
Jun 10, 2010	amend and recommit to judiciary
Jan 06, 2010	referred to judiciary
Jan 23, 2009	referred to judiciary

Bill Amendments

Original

A (Active)

2009-A3187 - Details

Current Committee:: Assembly Codes
Law Section:: Real Property Law
Laws Affected:: Amd §§441-c, 441-e & 442-h, RP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A1048, A8951
2013-2014: A731
2015-2016: A3226
2017-2018: A5517
2019-2020: A3894

2009-A3187 - Summary

Increases the fine that may be imposed for violations of real estate licensing laws and provides for procedures in connection with violations involving nonsolicitation orders and cease and desist zones; provides for publication of violations; directs the secretary of state to hold public hearings within cease and desist zones prior to their expiration and report to the legislature on the decision of whether or not to readopt the rule and reasons for such decision.

2009-A3187 - Bill Text download pdf

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

                                  3187

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced  by M. of A. PHEFFER -- read once and referred to the Commit-
  tee on Judiciary

AN ACT to amend the real property law, in relation to fines  and  proce-
  dures  in connection with misconduct by real estate brokers and sales-
  persons

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

  Section 1. Paragraph (a) of subdivision 1 of section 441-c of the real
property  law,  as amended by chapter 81 of the laws of 1995, is amended
to read as follows:
  (a) The department of state may revoke the license of  a  real  estate
broker  or  salesman or suspend the same, for such period as the depart-
ment may deem proper, or in lieu thereof may impose a fine not exceeding
[one] TEN thousand dollars payable to the  department  of  state,  or  a
reprimand  upon  conviction  of  the  licensee  of  a  violation  of any
provision of this article, or for a material misstatement in the  appli-
cation for such license, or if such licensee has been guilty of fraud or
fraudulent practices, or for dishonest or misleading advertising, or has
demonstrated  untrustworthiness  or incompetency to act as a real estate
broker or salesman, as the case may be. In the case  of  a  real  estate
broker  engaged in the business of a tenant relocator, untrustworthiness
or incompetency shall include engaging in any course of conduct  includ-
ing, but not limited to, the interruption or discontinuance of essential
building  service,  that interferes with or disturbs the peace, comfort,
repose and quiet enjoyment of a tenant.
  S 2. Subdivision 2 of section 441-e  of  the  real  property  law,  as
amended  by  chapter  505  of  the  laws  of 2001, is amended to read as
follows:
  2. Revocation, suspension, reprimands, fines. The department of  state
shall, before revoking or suspending any license or imposing any fine or
reprimand  on  the  holder  thereof or before imposing any fine upon any

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06850-01-9

A. 3187                             2

person not licensed pursuant to this article who  is  deemed  to  be  in
violation  of  section  four hundred forty-two-h of this article, and at
least ten days prior to the date set for the hearing, notify in  writing
the holder of such license or such unlicensed person of any charges made
and shall afford such licensee or unlicensed person an opportunity to be
heard  in person or by counsel in reference thereto. Such written notice
may be served by delivery of same personally  to  the  licensee,  or  by
mailing  same  by  certified  mail to the last known business address of
such licensee or unlicensed person, or by any method authorized  by  the
civil practice law and rules. If said licensee be a [salesman] SALESPER-
SON,  the department shall also notify the broker with whom he OR SHE is
associated of the charges by mailing notice by  certified  mail  to  the
broker's  last known business address. The hearing on such charges shall
be at such time and place  as  the  department  shall  prescribe,  WHICH
PLACE, IN THE CASE OF ANY HEARING RELATING TO A CHARGE ARISING OUT OF AN
ALLEGED  VIOLATION  OF SECTION FOUR HUNDRED FORTY-TWO-H OF THIS ARTICLE,
SHALL BE WITHIN THE COUNTY WHEREIN THE REAL PROPERTY IN CONNECTION  WITH
THE CHARGE ARISES IS LOCATED.
  S 3. Paragraph (a) of subdivision 3 of section 442-h of the real prop-
erty  law, as amended by chapter 505 of the laws of 2001, is amended and
a new subdivision 4 is added to read as follows:
  (a) If the secretary of state determines that some owners of  residen-
tial  real  property  within  a  defined  geographic area are subject to
intense and repeated solicitation by real estate brokers  and  salesper-
sons  to  place their property for sale with such real estate brokers or
salespersons, or are subject to intense  and  repeated  solicitation  by
other  persons  regularly engaged in the trade or business of buying and
selling real estate to sell their real estate, the  secretary  of  state
may  adopt a rule establishing a cease and desist zone, which zone shall
be bounded or otherwise specifically defined  in  the  rule.  After  the
secretary  of  state has established a cease and desist zone, the owners
of residential real property located within the zone may file an owner's
statement with the secretary of state expressing their wish  not  to  be
solicited by real estate brokers, salespersons or other persons regular-
ly  engaged  in the trade or business of buying and selling real estate.
The form and content of the statement shall be prescribed by the  secre-
tary of state. After a cease and desist zone has been established by the
secretary  of  state, no real estate broker, salesperson or other person
regularly engaged in the trade or business of buying  and  selling  real
estate  shall solicit a listing from any owner who has filed a statement
with the secretary of state if such owner's name appears on the  current
cease  and  desist list prepared by the secretary of state. The prohibi-
tion on solicitation shall apply to direct forms of solicitation such as
the use of the telephone, the mail, personal contact and other forms  of
direct  solicitation as may be specified by the secretary of state.  FOR
THE PURPOSES OF THIS SECTION, THE FOLLOWING SHALL CONSTITUTE A  REBUTTA-
BLE  PRESUMPTION OF SOLICITATION: A COMPLAINT BY A HOMEOWNER; THE TESTI-
MONY OF A HOMEOWNER OR INDEPENDENT WITNESS; OR ANY DOCUMENT LISTING  THE
NAME,  ADDRESS, OR TELEPHONE NUMBER OF A LICENSEE SEEKING TO PURCHASE OR
BROKER THE PURCHASE OF A HOME.
  4. THE SECRETARY OF STATE SHALL PUBLISH ANNUALLY, ON OR BEFORE  DECEM-
BER  THIRTY-FIRST  OF  EACH  YEAR,  A LIST ORGANIZED BY ZIP CODE, OF ALL
FINES, SUSPENSIONS, AND REVOCATIONS IMPOSED UPON LICENSEES FOR VIOLATION
OF THIS SECTION.

A. 3187                             3

  S 4. Paragraph (c) of subdivision 3 of section 442-h of the real prop-
erty law, as amended by chapter 505 of the laws of 2001, is  amended  to
read as follows:
  (c)  No  rule  establishing a cease and desist zone shall be effective
for longer than five years. However, the secretary of state may re-adopt
the rule to continue the cease and desist zone  for  additional  periods
not  to exceed five years each.  AT LEAST NINETY DAYS PRIOR TO THE EXPI-
RATION OF A CEASE AND DESIST ZONE RULE, THE  SECRETARY  OF  STATE  SHALL
HOLD  PUBLIC  HEARINGS  WITHIN EACH SUCH CEASE AND DESIST ZONE. AT LEAST
SIXTY DAYS PRIOR TO THE EXPIRATION OF  A  CEASE  AND  DESIST  ZONE,  THE
SECRETARY  OF  STATE SHALL REPORT TO THE LEGISLATURE WHETHER OR NOT SUCH
CEASE AND DESIST ZONE IS BEING READOPTED AND THE REASON FOR SUCH  DETER-
MINATION.  Whenever  a  rule  establishing a cease and desist zone shall
have expired or shall have been repealed, all owner's  statements  filed
with  the  secretary  of  state pursuant to that rule shall also expire.
However, an owner may file a new statement with the secretary  of  state
if a new rule is adopted establishing a cease and desist zone containing
the  owner's  property.  Once  the boundaries of a cease and desist zone
have been established by rule of the secretary of state, the  boundaries
may not be changed except by repeal of the existing rule and adoption of
a new rule establishing the new boundaries.
  S  5.  This  act shall take effect immediately; provided that sections
one and two of this act shall take effect on the first of  January  next
succeeding  the  date  on which it shall have become a law; and provided
further that the secretary of state is authorized to promulgate any  and
all  rules  and  regulations  and  take  any other measures necessary to
implement this act on its effective date on or before such date.

2009-A3187A (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Real Property Law
Laws Affected:: Amd §§441-c, 441-e & 442-h, RP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A1048, A8951
2013-2014: A731
2015-2016: A3226
2017-2018: A5517
2019-2020: A3894

2009-A3187A (ACTIVE) - Summary

2009-A3187A (ACTIVE) - Bill Text download pdf

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

                                 3187--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced  by M. of A. PHEFFER -- read once and referred to the Commit-
  tee on Judiciary -- recommitted  to  the  Committee  on  Judiciary  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to amend the real property law, in relation to fines and proce-
  dures in connection with misconduct by real estate brokers and  sales-
  persons

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

  Section 1. Paragraph (a) of subdivision 1 of section 441-c of the real
property law, as amended by chapter 81 of the laws of 1995,  is  amended
to read as follows:
  (a)  The  department  of state may revoke the license of a real estate
broker or salesman or suspend the same, for such period as  the  depart-
ment  may  deem  proper,  or  in  lieu thereof may impose a [fine] CIVIL
PENALTY not exceeding [one] TWO thousand dollars payable to the  depart-
ment  of  state,  or  a  reprimand  upon conviction of the licensee of a
violation of any provision of this article, or for a material  misstate-
ment  in  the application for such license, or if such licensee has been
guilty of fraud or fraudulent practices, or for dishonest or  misleading
advertising,  or  has  demonstrated untrustworthiness or incompetency to
act as a real estate broker or salesman, as the case may be. In the case
of a real estate broker engaged in the business of a  tenant  relocator,
untrustworthiness  or  incompetency shall include engaging in any course
of conduct including, but not limited to, the interruption or discontin-
uance of essential building service, that interferes  with  or  disturbs
the peace, comfort, repose and quiet enjoyment of a tenant.
  S  2.  Subdivision  2  of  section  441-e of the real property law, as
amended by chapter 505 of the laws  of  2001,  is  amended  to  read  as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06850-02-0

A. 3187--A                          2

  2.  Revocation, suspension, reprimands, fines. The department of state
shall, before revoking or suspending any license or imposing any fine or
reprimand on the holder thereof or before imposing  any  fine  upon  any
person  not  licensed  pursuant  to  this article who is deemed to be in
violation  of  section  four hundred forty-two-h of this article, and at
least ten days prior to the date set for the hearing, notify in  writing
the holder of such license or such unlicensed person of any charges made
and shall afford such licensee or unlicensed person an opportunity to be
heard  in person or by counsel in reference thereto. Such written notice
may be served by delivery of same personally  to  the  licensee,  or  by
mailing  same  by  certified  mail to the last known business address of
such licensee or unlicensed person, or by any method authorized  by  the
civil practice law and rules. If said licensee be a [salesman] SALESPER-
SON,  the department shall also notify the broker with whom he OR SHE is
associated of the charges by mailing notice by  certified  mail  to  the
broker's  last known business address. The hearing on such charges shall
be at such time and place  as  the  department  shall  prescribe,  WHICH
PLACE, IN THE CASE OF ANY HEARING RELATING TO A CHARGE ARISING OUT OF AN
ALLEGED  VIOLATION  OF SECTION FOUR HUNDRED FORTY-TWO-H OF THIS ARTICLE,
SHALL BE WITHIN THE COUNTY WHEREIN THE REAL PROPERTY IN CONNECTION  WITH
THE CHARGE ARISES IS LOCATED IF IT CAN BE ARRANGED AT REASONABLE COST.
  S 3. Section 442-h of the real property law is amended by adding a new
subdivision 4 to read as follows:
  4.  THE SECRETARY OF STATE SHALL PUBLISH ANNUALLY, ON OR BEFORE DECEM-
BER THIRTY-FIRST OF EACH YEAR, A LIST ORGANIZED  BY  ZIP  CODE,  OF  ALL
FINES, SUSPENSIONS, AND REVOCATIONS IMPOSED UPON LICENSEES FOR VIOLATION
OF THIS SECTION.
  S 4. Paragraph (c) of subdivision 3 of section 442-h of the real prop-
erty  law,  as amended by chapter 505 of the laws of 2001, is amended to
read as follows:
  (c) No rule establishing a cease and desist zone  shall  be  effective
for longer than five years. However, the secretary of state may re-adopt
the  rule  to  continue the cease and desist zone for additional periods
not to exceed five years each.  AT LEAST NINETY DAYS PRIOR TO THE  EXPI-
RATION  OF  A  CEASE  AND DESIST ZONE RULE, THE SECRETARY OF STATE SHALL
HOLD PUBLIC HEARINGS WITHIN EACH SUCH CEASE AND DESIST ZONE PROVIDED  IT
CAN  BE  ARRANGED  AT REASONABLE COST.  AT LEAST SIXTY DAYS PRIOR TO THE
EXPIRATION OF A CEASE AND DESIST ZONE,  THE  SECRETARY  OF  STATE  SHALL
REPORT  TO  THE LEGISLATURE WHETHER OR NOT SUCH CEASE AND DESIST ZONE IS
BEING READOPTED AND THE REASON FOR SUCH DETERMINATION. Whenever  a  rule
establishing  a  cease  and desist zone shall have expired or shall have
been repealed, all owner's statements filed with the secretary of  state
pursuant  to  that  rule shall also expire. However, an owner may file a
new statement with the secretary of state  if  a  new  rule  is  adopted
establishing  a  cease  and desist zone containing the owner's property.
Once the boundaries of a cease and desist zone have been established  by
rule of the secretary of state, the boundaries may not be changed except
by  repeal  of the existing rule and adoption of a new rule establishing
the new boundaries.
  S 5. This act shall take effect immediately;  provided  that  sections
one  and  two of this act shall take effect on the first of January next
succeeding the date on which it shall have become a  law;  and  provided
further  that the secretary of state is authorized to promulgate any and
all rules and regulations and  take  any  other  measures  necessary  to
implement this act on its effective date on or before such date.

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