NY State Senate Bill S3839

senate Bill S3839

2019-2020 Legislative Session

Requires the inclusion of instruction in ethical business practices and recent legal matters in the continuing education requirements for real estate licensees

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Current Bill Status Via A6082 - Passed Senate & Assembly

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

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Actions

view actions (9)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2019	returned to assembly passed senate 3rd reading cal.306 substituted for s3839
Jun 20, 2019	substituted by a6082
Mar 25, 2019	advanced to third reading
Mar 20, 2019	2nd report cal.
Mar 19, 2019	1st report cal.306
Feb 19, 2019	referred to judiciary

Votes

view votes

Jun 20, 2019 - floor Vote

A6082

floor

Aye

Nay

Absent

Excused

Abstained

Mar 19, 2019 - Judiciary committee Vote

S3839

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S3839 (ACTIVE) - Details

See Assembly Version of this Bill:: A6082
Law Section:: Real Property Law
Laws Affected:: Amd §441, RP L

S3839 (ACTIVE) - Summary

Requires the inclusion of instruction in ethical business practices and recent legal matters in the continuing education requirements for real estate licensees.

S3839 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3839

SPONSOR: HOYLMAN
 
TITLE OF BILL:  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

 
PURPOSE:

This bill would expand the core requirements for continuing education
for real estate licensees to require two and a half hours pertaining to
ethical business practices and one hour pertaining to legal updates.  It
would also require all New York State licensed real estate brokers to
complete mandatory continuing education requirements, with no
exemptions.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends provisions of Section 441 of the Real
Property Law relating to continuing education requirements for real

estate licensees to:  require licensees to complete at least two and
one-half hours of instruction pertaining to ethical business practices
and at least one hour of instruction pertaining to recent legal matters
governing the practice of real estate brokers and salespersons in NY;
and eliminate a provision currently in law which allows any licensed
real estate broker who is engaged full time in the real estate business
and has been licensed prior to July 1, 2008 for at least fifteen consec-
utive years to be exempt from continuing education requirements.

Section two of the bill establishes the effective date of July 1, 2021.

 
JUSTIFICATION:

Mandatory continuing education courses provide licensed real estate
professionals with updated knowledge on changes in their field.  Exist-
ing state law currently requires that real estate licensees applying for
renewal of their license complete 22.5 hours of continuing education in
the two-year period immediately preceding the renewal. As part of that
overall requirement, they are required to attend 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, and to
attend at least one hour of instruction relating to the law of agency.

This bill would expand those mandated core requirements to include at
least two and a half hours of instruction pertaining to ethical business
practices, and at least one hour of instruction pertaining to recent
legal matters governing the practice of real estate brokers and sales-
persons in New York, including statutes, laws, regulations, rules,
codes, Department of State opinions and decisions, and court decisions.

Additionally, this bill would eliminate a provision of law that current-
ly allows certain brokers who are engaged full time in the real estate
business and have been licensed for at least 15 consecutive years, main-
taining continuous licensure prior to July 1, 2008, to be exempted from
continuing education requirements. This is known as a "grandfathering"
clause.


Given ongoing changes in the real estate profession, increasing the
number of mandatory core instruction hours and requiring all licensees
to complete these hours will help improve the level of quality and
expertise among real estate professionals. Ensuring that all real estate
licensees receive professional education and development regarding high
ethical standards and new laws, regulations, and court decisions which
apply to their profession will benefit both licensees and New York's
residents.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect July 1, 2021.

S3839 (ACTIVE) - Bill Text download pdf


                    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.

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The New York State Senate

senate Bill S3839

Sponsored By

Current Bill Status Via A6082 - Passed Senate & Assembly

Your Voice

Actions

Votes

Jun 20, 2019 - floor Vote

Floor Vote: Jun 20, 2019

Mar 19, 2019 - Judiciary committee Vote

Judiciary Committee Vote: Mar 19, 2019

Co-Sponsors

S3839 (ACTIVE) - Details

S3839 (ACTIVE) - Summary

S3839 (ACTIVE) - Sponsor Memo

S3839 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3839

Share this bill

Sponsored By

Brad Hoylman

Current Bill Status Via A6082 - Passed Senate & Assembly

Your Voice

Actions

Votes

Jun 20, 2019 - floor Vote

Floor Vote: Jun 20, 2019

Mar 19, 2019 - Judiciary committee Vote

Judiciary Committee Vote: Mar 19, 2019

Co-Sponsors

John C. Liu

James Skoufis

S3839 (ACTIVE) - Details

S3839 (ACTIVE) - Summary

S3839 (ACTIVE) - Sponsor Memo

S3839 (ACTIVE) - Bill Text download pdf

Comments