senate Bill S1256A

2019-2020 Legislative Session

Relates to designating certain zip codes as cease and desist zones

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 21, 2020 referred to judiciary
delivered to assembly
passed senate
Feb 13, 2020 advanced to third reading
Feb 12, 2020 2nd report cal.
Feb 11, 2020 1st report cal.402
Jan 31, 2020 print number 1256a
Jan 31, 2020 amend (t) and recommit to judiciary
Jan 08, 2020 referred to judiciary
Jan 11, 2019 referred to judiciary

Co-Sponsors

S1256 - Details

See Assembly Version of this Bill:
A6786
Current Committee:
Assembly Judiciary
Law Section:
Real Property
Versions Introduced in Other Legislative Sessions:
2017-2018: S9085
2021-2022: S2929

S1256 - Summary

Relates to designating certain zip codes as cease and desist zones; directs the secretary of state to designate certain zip codes in Brooklyn as cease and desist zones.

S1256 - Sponsor Memo

S1256 - Bill Text download pdf


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

                                  1256

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 11, 2019
                               ___________

Introduced  by  Sens. PARKER, PERSAUD -- 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
  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.
                                                           LBD06112-01-9

Co-Sponsors

S1256A (ACTIVE) - Details

See Assembly Version of this Bill:
A6786
Current Committee:
Assembly Judiciary
Law Section:
Real Property
Versions Introduced in Other Legislative Sessions:
2017-2018: S9085
2021-2022: S2929

S1256A (ACTIVE) - Summary

Relates to designating certain zip codes as cease and desist zones; directs the secretary of state to designate certain zip codes in Brooklyn as cease and desist zones.

S1256A (ACTIVE) - Sponsor Memo

S1256A (ACTIVE) - Bill Text download pdf


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

                                 1256--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 11, 2019
                               ___________

Introduced  by  Sens. PARKER, PERSAUD -- 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 designate certain zip codes as cease and desist zones

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.   Legislative findings.  To  curb  aggressive  real  estate
solicitation  practices,  the legislature enabled the secretary of state
to create "cease and desist  zones"  if  owners  within  the  zone  "are
subject  to  intense  and repeated solicitation" to place their property
for sale. A homeowner within a cease and desist zone may file  a  state-
ment  with  the  secretary  of state requesting placement on a cease and
desist list. No real estate broker, salesperson or other person regular-
ly engaged in the trade or business of buying and  selling  real  estate
may solicit a listing from an owner placed on the cease and desist list.
  The  cease  and  desist program is a valuable tool for homeowners that
are inundated with solicitations for their home, and it has been a prov-
en success in cease and desist zones in the counties  of  Queens,  Bronx
and Rockland.
  In  many neighborhoods in Kings County, long-time homeowners have been
the subject of increasingly aggressive real estate  solicitation,  espe-
cially  in  neighborhoods experiencing rapid gentrification.  Solicitors
often use shady or illegal tactics to confuse or manipulate  homeowners.
Many  homeowners  have  also been the victims of deed theft, unknowingly
signing away their home and most valuable asset. Unfortunately, existing
statutory framework for establishing a cease and desist  zone  in  these
neighborhoods is not working fast enough to protect homeowners in Brook-
lyn.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06112-02-0

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