S T A T E O F N E W Y O R K
________________________________________________________________________
9933
I N A S S E M B L Y
February 27, 2020
___________
Introduced by M. of A. JEAN-PIERRE -- read once and referred to the
Committee on Judiciary
AN ACT to amend the real property law, in relation to requiring real
estate brokers to receiving training in cultural competency
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 1 of section 441 of the real
property law, as amended by chapter 183 of the laws of 2006, is amended
to read as follows:
(b) Such further information as the department may reasonably require
shall be furnished by the applicant including sufficient proof of having
taken and passed a written examination and answered such questions as
may be prepared by the department to enable it to determine the trust-
worthiness of the applicant if an individual, or of each member of a
co-partnership or each member of a limited liability company or each
officer of a corporation for whom a license as a broker is asked, and
his, HER or their competency to transact the business of real estate
broker in such a manner as to safeguard the interests of the public. In
determining competency, the department shall require proof that the
person being tested to qualify to apply for a broker's license has a
fair knowledge of the English language, a fair understanding of the
general purposes and general legal effect of deeds, mortgages, land
contracts of sale, and leases, a general and fair understanding of the
obligations between principal and agent, HAS TAKEN A CLASS ON CULTURAL
COMPETENCY TRAINING, as well as of the provisions of this section. The
applicant must also furnish proof that he OR SHE has attended for at
least one hundred twenty hours and has successfully completed a real
estate course or courses approved by the secretary of state as to method
and content and supervision which approval may be withdrawn if in the
opinion of the secretary of state said course or courses are not being
conducted properly as to method, content and supervision, and that
either the applicant has actively participated in the general real
estate brokerage business as a licensed real estate salesman under the
supervision of a licensed real estate broker for a period of not less
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15054-01-0
A. 9933 2
than two years or has had the equivalent experience in general real
estate business for a period of at least three years, the nature of
which experience shall be established by affidavit duly sworn to under
oath and/or other and further proof required by the department of state.
Computer-based and distance-learning courses may be approved by the
department so long as providers demonstrate the ability to monitor and
verify participation by the applicant for the specified time period.
Notwithstanding the foregoing authority to approve computer-based and
distance-learning courses, the department may prescribe that specified
subjects or hours must be presented in a classroom setting.
§ 2. Paragraph (a) of subdivision 3 of section 441 of the real proper-
ty law, as amended by chapter 320 of the laws of 2016, is amended to
read as follows:
(a) No renewal license shall be issued any licensee under this article
for any license period commencing November first, nineteen hundred nine-
ty-five unless such licensee shall have within the two year period imme-
diately preceding such renewal attended at least [twenty-two] TWENTY-
FOUR and one-half hours which shall include AT LEAST TWO HOURS OF
CULTURAL COMPETENCY TRAINING, at least three hours of instruction
pertaining to fair housing and/or discrimination in the sale or rental
of real property or an interest in real property, at least one hour of
instruction pertaining to the law of agency except in the case of the
initial two-year licensing term for real estate salespersons, two hours
of agency related instruction must be completed, and successfully
completed a continuing education real estate course or courses approved
by the secretary of state as to method, content and supervision, which
approval may be withdrawn if in the opinion of the secretary of state
such course or courses are not being conducted properly as to method,
content and supervision. For those individuals licensed pursuant to
subdivision six of section four hundred forty-two-g of this article, in
the individual's initial license term, at least eleven hours of the
required twenty-two and one-half hours of continuing education shall be
completed during the first year of the term. Of those eleven hours,
three hours shall pertain to applicable New York state statutes and
regulations governing the practice of real estate brokers and salesper-
sons. To establish compliance with the continuing education requirements
imposed by this section, licensees shall provide an affidavit, in a form
acceptable to the department of state, establishing the nature of the
continuing education acquired and shall provide such further proof as
required by the department of state. The provisions of this paragraph
shall not apply to any licensed real estate broker who is engaged full
time in the real estate business and who has been licensed under this
article prior to July first, two thousand eight for at least fifteen
consecutive years immediately preceding such renewal.
§ 3. Paragraph (a) of subdivision 3 of section 441 of the real proper-
ty law, as amended by chapter 392 of the laws of 2019, is amended to
read as follows:
(a) No renewal license shall be issued any licensee under this article
for any license period commencing November first, nineteen hundred nine-
ty-five unless such licensee shall have within the two year period imme-
diately preceding such renewal attended at least [twenty-two] TWENTY-
FOUR and one-half hours which shall include AT LEAST TWO HOURS OF
CULTURAL COMPETENCY TRAINING, at least three hours of instruction
pertaining to fair housing and/or discrimination in the sale or rental
of real property or an interest in real property, at least two and one-
half hours of instruction pertaining to ethical business practices, at
A. 9933 3
least one hour of instruction pertaining to recent legal matters govern-
ing the practice of real estate brokers and salespersons in New York
which may include statutes, laws, regulations, rules, codes, department
of state opinions and decisions, and court decisions and at least one
hour of instruction pertaining to the law of agency except in the case
of the initial two-year licensing term for real estate salespersons, two
hours of agency related instruction must be completed, and successfully
completed a continuing education real estate course or courses approved
by the secretary of state as to method, content and supervision, which
approval may be withdrawn if in the opinion of the secretary of state
such course or courses are not being conducted properly as to method,
content and supervision. For those individuals licensed pursuant to
subdivision six of section four hundred forty-two-g of this article, in
the individual's initial license term, at least eleven hours of the
required twenty-two and one-half hours of continuing education shall be
completed during the first year of the term. Of those eleven hours,
three hours shall pertain to applicable New York state statutes and
regulations governing the practice of real estate brokers and salesper-
sons. To establish compliance with the continuing education requirements
imposed by this section, licensees shall provide an affidavit, in a form
acceptable to the department of state, establishing the nature of the
continuing education acquired and shall provide such further proof as
required by the department of state.
§ 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that if chapter 392 of
the laws of 2019 shall not have taken effect on or before such date then
section three of this act shall take effect on the same date and in the
same manner as such chapter of the laws of 2019 takes effect.