NY State Senate Bill 2015-S1379A

Senate Bill S1379A

2015-2016 Legislative Session

Relates to designating the county of Queens a cease and desist zone and extending nonsolicitation orders to five year periods

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Archive: Last Bill Status - In Senate Committee Rules 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2016	committee discharged and committed to rules
Feb 17, 2016	print number 1379a
Feb 17, 2016	amend (t) and recommit to judiciary
Jan 06, 2016	referred to judiciary
Jan 12, 2015	referred to judiciary

Bill Amendments

Original

A (Active)

2015-S1379 - Details

See Assembly Version of this Bill:: A7931
Current Committee:: Senate Rules
Law Section:: Real Property Law
Laws Affected:: Add §442-hh, amd §442-h, RP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1895, A5565
2019-2020: A4324

2015-S1379 - Summary

Relates to designating the county of Queens a cease and desist zone and extending non-solicitation orders to ten year periods; establishes an affirmative defense to violations of nonsolicitation orders and cease and desist zones.

2015-S1379 - Sponsor Memo

                                BILL NUMBER:S1379

TITLE OF BILL:  An act to amend the real property law, in relation to
designating the county of Queens a cease and desist zone

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to reinstitute a real estate cease and
desist program in Queens and to extend the current 5-year active
period to 10 years.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 442 of the real property law by
adding a new section 442-hh to designate the county of Queens a cease
and desist zone. It requires the county of Queens be included on the
cease and desist list compiled by the secretary of state pursuant to
section 442-h.

Section 2 of the bill amends section 442-h of the real property law by
extending the current 5-year effective period for non-solicitation
rule to 10 years.

Section 3 provides for this act to take on the thirtieth day after it
becomes a law.

JUSTIFICATION:

In order to curb aggressive real estate solicitation practices, the
State legislature designated the entire County of Queens a "cease and
desist zone" in 1989. This law allowed homeowners in Queens to place
their names and addresses on a cease and desist list, providing them a
choice to opt out of receiving unwanted real estate solicitation at
their homes. However, in 2009, this vital program was cut back
significantly, leaving only a few neighborhoods eligible for this
protection from repeated unwanted real estate solicitations.

This legislation restores the real estate cease and desist program in
the entire county of Queens to provide homeowners with a means to
effectively express their wish not to be solicited by real estate
brokers or agents. In addition to restoring the cease and desist zone
in Queens, the legislation extends the current 5-year effective period
for non-solicitation rule to ten years, allowing the cease and desist
zone to be effective for 10 years.

PRIOR LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

None known.

EFFECTIVE DATE:

This act shall take effect on the thirtieth day after it becomes a
law.

2015-S1379 - Bill Text download pdf

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

                                  1379

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 12, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the real property law, in relation  to  designating  the
  county of Queens a cease and desist zone

  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01582-01-5

S. 1379                             2

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.  This  act shall take effect on the thirtieth day after it shall
have become a law and shall apply to all non-solicitation orders  issued
on and after such effective date.

co-Sponsors

2015-S1379A (ACTIVE) - Details

See Assembly Version of this Bill:: A7931
Current Committee:: Senate Rules
Law Section:: Real Property Law
Laws Affected:: Add §442-hh, amd §442-h, RP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1895, A5565
2019-2020: A4324

2015-S1379A (ACTIVE) - Summary

2015-S1379A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1379A

 TITLE OF BILL :

An act to amend the real property law, in relation to designating the
county of Queens a cease and desist zone and establishing an
affirmative defense to violations of nonsolicitation orders and cease
and desist zones

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of the bill is to reinstitute a real estate cease and
desist program in Queens and to extend the current 5-year active
period to 10 years.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends section 442 of the real property law by
adding a new section 442-hh to designate the county of Queens a cease
and desist zone. It requires the county of Queens be included on the
cease and desist list compiled by the secretary of state pursuant to
section 442-h.

Section 2 of the bill amends section 442-h of the real property law by
extending the current 5-year effective period for non-solicitation
rule to 10 years.

Section 3 of the bill amends section 442-h of the real property law by
adding a new subdivision 4 to create an affirmative defense in cases
where the owner of real property included in a non-solicitation order
or cease and desist zone publicized that such property was for sale
through means including but not limited to advertisements or real
estate listings.

Section 4 of the bill provides for this act to take effect on the
thirtieth day after it becomes a law.

 JUSTIFICATION :

In order to curb aggressive real estate solicitation practices, the
State legislature designated the entire County of Queens a "cease and
desist zone" in 1989. This law allowed homeowners in Queens to place
their names and addresses on a cease and desist list, providing them a
choice to opt out of receiving unwanted real estate solicitation at
their homes. However, in 2009, this vital program was cut back
significantly, leaving only a few neighborhoods eligible for this
protection from repeated unwanted real estate solicitations.

This legislation restores the real estate cease and desist program in
the entire county of Queens to provide homeowners with a means to
effectively express their wish not to be solicited by real estate
brokers or agents. In addition to restoring the cease and desist zone
in Queens, the legislation extends the current 5-year effective period
for non-solicitation rule to ten years, allowing the cease and desist
zone to be effective for 10 years.

 PRIOR LEGISLATIVE HISTORY :

None

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT :

None known.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it becomes a
law.

2015-S1379A (ACTIVE) - Bill Text download pdf

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

                                 1379--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 12, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary  --  recommitted
  to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

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.
                                                           LBD01582-02-5

S. 1379--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.

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