S T A T E O F N E W Y O R K
________________________________________________________________________
4192
2019-2020 Regular Sessions
I N A S S E M B L Y
February 1, 2019
___________
Introduced by M. of A. DenDEKKER -- read once and referred to the
Committee on Judiciary
AN ACT to amend the real property law, in relation to requiring the
secretary of state to promulgate rules or regulations requiring real
estate salespersons and brokers to legibly write their name and
license number on certain documents
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 442-k of the real property law, as
added by chapter 248 of the laws of 1995, is amended to read as follows:
1. (A) The state real estate board shall have the power to promulgate
rules or regulations affecting brokers and sales persons in order to
administer and effectuate the purposes of this article, except that
matters pertaining to commingling money of a principal, rendering
accounts for a client, managing property for a client, broker's purchase
of property listed with him or her, inducing breach of contract of sale
or lease, and records of transactions to be maintained are reserved for
the exclusive regulatory authority of the secretary of state.
(B) The secretary of state, and not the state real estate board shall
promulgate rules and regulations to administer or implement the
provisions of sections four hundred forty-one and four hundred forty-
two-h of this article.
[In addition, the] (C) THE secretary of state shall have exclusive
regulatory authority to promulgate rules regarding the duties and
responsibilities of real estate brokers and salespersons with regard to
the handling of clients' funds.
(D) THE SECRETARY OF STATE SHALL PROMULGATE RULES OR REGULATIONS
REQUIRING THAT IN EVERY REAL ESTATE TRANSACTION, ANY DOCUMENT WHICH
REQUIRES THE SIGNATURE OF A REAL ESTATE SALESPERSON AND/OR REAL ESTATE
BROKER SHALL ALSO REQUIRE SUCH SALESPERSON OR BROKER TO LEGIBLY WRITE
HIS OR HER NAME AND LICENSE NUMBER ON THE DOCUMENT ALONG WITH THE SIGNA-
TURE.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07817-01-9