S T A T E O F N E W Y O R K
________________________________________________________________________
9085
I N S E N A T E
June 15, 2018
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the real property law, in relation to designating
certain zip codes as cease and desist zones and establishing an affir-
mative 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 CERTAIN ZIP CODES AS CEASE AND DESIST ZONES.
NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, THE
FOLLOWING ZIP CODES 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: 11203, 11210, 11212, 11215, 11217, 11218,
11219, 11225, 11226, 11230, 11232, 11234, 11236 AND 11238.
§ 2. 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.
§ 3. 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16325-01-8