S T A T E   O F   N E W   Y O R K
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                                 7931--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 1, 2015
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on  Judiciary  -- recommitted to the Committee on Judiciary in accord-
  ance 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  designating  the
  county  of Queens a cease and desist zone and establishing an affirma-
  tive defense to violations of nonsolicitation  orders  and  cease  and
  desist zones

  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  section
442-hh to read as follows:
  S  442-HH.  DESIGNATING  THE COUNTY OF QUEENS A CEASE AND DESIST ZONE.
NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRARY,  THE
COUNTY OF QUEENS SHALL BE INCLUDED ON THE CEASE AND DESIST LIST COMPILED
BY  THE  SECRETARY OF STATE PURSUANT TO SECTION FOUR HUNDRED FORTY-TWO-H
OF THIS ARTICLE.
  S 2. Paragraph (a) of subdivision 2 and paragraph (c) of subdivision 3
of section 442-h of the real property law, as amended by chapter 505  of
the laws of 2001, are amended to read as follows:
  (a)  If,  after  a  public hearing and a reasonable investigation, the
secretary of state determines that the owners of residential real  prop-
erty  within  a  defined  geographic  area  are  subject  to intense and
repeated solicitations by real estate brokers and salespersons or others
to place their property for sale with such real estate brokers or sales-
persons, or otherwise to sell their property, and  that  such  solicita-
tions  have caused owners to reasonably believe that property values may
decrease because persons of different race, ethnic, social, or religious
backgrounds are moving or are about to move  into  the  neighborhood  or
geographic area, the secretary of state may adopt a rule, to be known as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01582-03-5
              

A. 7931--A                          2

a nonsolicitation order, directing all real estate brokers, salespersons
and  other  persons regularly engaged in the trade or business of buying
and selling real estate to  refrain  from  soliciting  residential  real
estate  listings  or  otherwise  soliciting the sale of residential real
estate within the subject area. Each area subject to such an order shall
be bounded or otherwise specifically defined in the order. The nonsolic-
itation order shall be subject to  such  terms  and  conditions  as  the
secretary  of  state may determine are, on balance, in the best interest
of the public, including but not limited  to  the  affected  owners  and
licensees.  A  nonsolicitation  order  may  prohibit any or all types of
solicitation directed towards particular home-owners, including but  not
limited  to letters, postcards, telephone calls, door-to-door calls, and
handbills. Every nonsolicitation order shall contain a provision setting
forth the day, month and year that the order shall become effective,  as
well as the day, month and year that the order shall expire. A nonsolic-
itation  order  shall  not  be effective for more than [five] TEN years.
However, a nonsolicitation order and the boundaries of the area where it
applies may be re-adopted or amended from time  to  time  in  accordance
with the procedures set forth herein.
  (c)  No  rule  establishing a cease and desist zone shall be effective
for longer than [five] TEN 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] TEN years each. Whenever a rule  establish-
ing  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 3. Section 442-h of the real property law is amended by adding a new
subdivision 4 to read as follows:
  4. IN ANY ACTION ALLEGING A VIOLATION OF THIS SECTION, IT SHALL BE  AN
AFFIRMATIVE DEFENSE THAT THE OWNER OF RESIDENTIAL REAL PROPERTY INCLUDED
IN A NONSOLICITATION ORDER OR CEASE AND DESIST ZONE PUBLICIZED THAT SUCH
PROPERTY  WAS FOR SALE THROUGH MEANS INCLUDING BUT NOT LIMITED TO ADVER-
TISEMENTS OR REAL ESTATE LISTINGS.
  S 4. This act shall take effect on the thirtieth day  after  it  shall
have  become  a law and shall apply to all nonsolicitation orders issued
on and after such effective date.