S T A T E O F N E W Y O R K
________________________________________________________________________
6626
2011-2012 Regular Sessions
I N A S S E M B L Y
March 23, 2011
___________
Introduced by M. of A. CURRAN -- read once and referred to the Committee
on Judiciary
AN ACT to amend the real property law, in relation to orders to cease
and desist real property solicitations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 442-h of the real property law, as
amended by chapter 505 of the laws of 2001, is amended to read as
follows:
3. (a) If the secretary of state determines that some owners of resi-
dential 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
CONTINUE TO be solicited by real estate brokers, salespersons or other
persons regularly engaged in the trade or business of buying and selling
real estate AND TO OPT OUT OF THE CEASE AND DESIST ORDER. The form and
content of the statement shall be prescribed by the secretary of state.
After a cease and desist zone has been established by the secretary of
state, [no] A real estate broker, salesperson or other person regularly
engaged in the trade or business of buying and selling real estate
[shall] MAY solicit a listing ONLY from any owner who has filed a state-
ment with the secretary of state if such owner's name appears on the
current cease and desist OPT OUT list prepared by the secretary of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08540-01-1
A. 6626 2
state. The prohibition 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.
(b) The secretary of state shall compile a cease and desist OPT OUT
list for each zone established pursuant to paragraph (a) of this subdi-
vision. In addition to such other information as the secretary of state
may deem appropriate, each cease and desist OPT OUT list shall contain
the name of each owner who has filed an owner's statement with the
secretary, as well as the address of the property within the zone to
which the owner's statement applies. The secretary of state shall send
to each owner who has filed an owner's statement a written acknowledge-
ment of the secretary of state's receipt thereof and a pamphlet explain-
ing to the owner his or her rights in connection therewith and the
procedures and time limits applicable to the filing of complaints for
violations. The secretary of state shall allow an owner who files, or on
behalf of whom is filed, a complaint or other report of a violation of a
cease and desist rule ninety days in which to perfect a complaint by
submitting such other or further information or documents as the secre-
tary of state may require. The secretary of state shall print a list for
each zone. Each list shall be revised and reprinted at least annually
on or before December thirty-first and shall be made available to the
public and to real estate brokers at a reasonable price to be set by the
secretary of state and approved by the director of the division of the
budget. Additions or deletions shall be made to each list only at the
time the list is reprinted, and the secretary of state shall not issue
amendments or addenda to any printed list.
(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. 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 secre-
tary 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 2. This act shall take effect immediately.