Senate Bill S3839

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3839
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 19, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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  requiring  the
   inclusion  of  instruction  in  ethical  business practices and recent
   legal matters in the continuing education requirements for real estate
   licensees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph (a) of subdivision 3 of section 441 of the real
 property 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 and one-half
 hours which shall include 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 LEAST
 ONE HOUR OF INSTRUCTION PERTAINING TO RECENT LEGAL MATTERS GOVERNING 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 approval may be withdrawn if in the opinion of the  secretary  of  state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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10037-01-9

 S. 3839                             2
 
 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.]
   § 2. This act shall take effect July 1, 2021.