S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6786--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2019
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Judiciary -- recommitted to the Committee on Judiciary  in  accord-
   ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 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.
                                                            LBD06112-03-0
              

 A. 6786--A                          2
 
   The  legislature  hereby  finds  and  declares that due to intense and
 repeated solicitation of owners of residential  real  property  by  real
 estate  brokers,  real  estate salespersons, and other persons regularly
 engaged in the trade or business of buying and selling real estate,  the
 rapid  establishment  of  a  cease  and  desist zone is necessary in the
 following zip codes: 11203, 11210, 11212, 11215,  11217,  11218,  11219,
 11225, 11226, 11230, 11232, 11234, 11236 and 11238.
   § 2.  Notwithstanding any other law, rule or regulation to the contra-
 ry,  the  secretary  of state shall establish by rule a cease and desist
 zone, pursuant to subdivision 3 of section 442-h of  the  real  property
 law,  consisting  of  the  following zip codes within ninety days of the
 effective date of this act: 11203, 11210, 11212,  11215,  11217,  11218,
 11219,  11225,  11226,  11230,  11232,  11234, 11236 and 11238. The rule
 establishing such cease and desist zone  shall  be  effective  for  five
 years, provided the secretary of state may re-adopt the rule to continue
 the  cease and desist zone pursuant to paragraph (c) of subdivision 3 of
 section 442-h of the real property law.
   § 3. This act shall take effect immediately.