S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5565
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2017
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred 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 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:
   § 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.
   § 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

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

                                                            LBD00962-01-7

 A. 5565                             2
 
 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.
   § 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.
   §  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.