S T A T E O F N E W Y O R K
________________________________________________________________________
8986
I N S E N A T E
September 18, 2020
___________
Introduced by Sen. KAPLAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the real property law, in relation to requiring real
estate brokers and salespersons to receive implicit bias training as
part of their license renewal process
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] TWENTY-
FOUR 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
HOURS OF INSTRUCTION PERTAINING TO IMPLICIT BIAS AWARENESS AND UNDER-
STANDING, 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 meth-
od, content and supervision, which approval may be withdrawn if in the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] TWENTY-FOUR 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 prac-
tice of real estate brokers and salespersons. To establish compliance
with the continuing education requirements imposed by this section,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17341-03-0
S. 8986 2
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 depart-
ment 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 imme-
diately preceding such renewal. FOR PURPOSES OF THIS SUBDIVISION,
"IMPLICIT BIAS" SHALL MEAN THE ATTITUDES OR STEREOTYPES THAT AFFECT AN
INDIVIDUAL'S UNDERSTANDING, ACTIONS AND DECISIONS IN AN UNCONSCIOUS
MANNER.
§ 2. 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 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
HOURS OF INSTRUCTION PERTAINING TO IMPLICIT BIAS AWARENESS AND UNDER-
STANDING, 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, regu-
lations, 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] TWENTY-FOUR 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 salespersons. To establish compli-
ance 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 depart-
ment of state. FOR PURPOSES OF THIS SUBDIVISION, "IMPLICIT BIAS" SHALL
MEAN THE ATTITUDES OR STEREOTYPES THAT AFFECT AN INDIVIDUAL'S UNDER-
STANDING, ACTIONS AND DECISIONS IN AN UNCONSCIOUS MANNER.
§ 3. This act shall take effect immediately, provided, however, that
section two of this act shall take effect on the same date and in the
same manner as section 1 of chapter 392 of the laws of 2019, takes
effect.