The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8077--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 11, 2021
                                ___________
 
 Introduced  by M. of A. O'DONNELL, McDONALD -- read once and referred to
   the Committee on Judiciary -- recommitted to the Committee on  Judici-
   ary   in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the real property law,  in  relation  to  replacing  all
   instances of the word or variations of the word salesman with the word
   salesperson or variation thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The article heading of article 12-A of  the  real  property
 law,  as  amended by chapter 107 of the laws of 1927, is amended to read
 as follows:
                     REAL ESTATE BROKERS AND REAL ESTATE
                          [SALESMEN] SALESPERSONS
   § 2. Subdivisions 2, 3, 5, and 6 of section 440 of the  real  property
 law, subdivision 2 as amended by chapter 324 of the laws of 1998, subdi-
 visions  3  and  5  as  amended  by chapter 699 of the laws of 1988, and
 subdivision 6 as amended by chapter 699 of the laws of 2021, are amended
 to read as follows:
   2. "Associate real estate broker" means a licensed real estate  broker
 who  shall  by  choice  elect  to work under the name and supervision of
 another individual broker or another broker  who  is  licensed  under  a
 partnership,  trade name, limited liability company or corporation. Such
 individual shall retain [his or her] THEIR  license  as  a  real  estate
 broker  as  provided  for  in  this article; provided, however, that the
 practice of real estate sales and brokerage by  such  individual  as  an
 associate broker shall be governed exclusively by the provisions of this
 article as they pertain to real estate [salesmen] SALESPERSONS.  Nothing
 contained  herein shall preclude an individual who elects to be licensed
 as an associate broker  from  also  retaining  a  separate  real  estate
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04895-02-2

 A. 8077--A                          2
 
 broker's  license  under an individual, partnership, trade name, limited
 liability company or corporation.
   3. "Real estate [salesman] SALESPERSON" means a person associated with
 a  licensed real estate broker to list for sale, sell or offer for sale,
 at auction or otherwise, to buy or offer to  buy  or  to  negotiate  the
 purchase  or  sale or exchange of real estate, or to negotiate a loan on
 real estate other than a  mortgage  loan  as  defined  in  section  five
 hundred  ninety  of  the  banking  law,  or to lease or rent or offer to
 lease, rent or place for rent any real estate, or collects or offers  or
 attempts  to collect rent for the use of real estate for or in behalf of
 such real estate broker, or who, notwithstanding any other provision  of
 law,  performs  any  of  the  above stated functions with respect to the
 resale of  a  condominium  property  originally  sold  pursuant  to  the
 provisions of the general business law governing real estate syndication
 offerings.
   5. "Association, associated; or associated with" whenever used in this
 article   shall   be   deemed   to  make  reference  to  a  [salesman's]
 SALESPERSON'S relationship with [his or her] THEIR  broker.  Nothing  in
 this article shall be deemed or construed to be indicative or determina-
 tive  of  the  legal relationship of a salesperson to a broker nor shall
 any provision of this article be deemed or construed to alter or  other-
 wise  affect  the  legal responsibility of a real estate broker to third
 parties for the acts of anyone associated with such broker  pursuant  to
 this article.
   6.  "Office manager" means a licensed associate real estate broker who
 shall by choice elect to work as an office manager under  the  name  and
 supervision  of  another  individual  broker  or  another  broker who is
 licensed under a partnership, trade name, limited liability  company  or
 corporation.  An  associate real estate broker shall be required to have
 been active as a licensed associate broker for at least two of the  four
 years  preceding appointment as an office manager. Such individual shall
 retain [his or her] THEIR license as a real estate  broker  as  provided
 for  in  this article and shall be required to exercise the same duty of
 supervision over [salesmen] SALESPERSONS  and  associate  brokers  as  a
 licensed  real  estate  broker;  provided, however, that the practice of
 real estate sales and brokerage  by  such  individual  as  an  associate
 broker  shall  be governed exclusively by the provisions of this article
 as they  pertain  to  real  estate  [salesmen]  SALESPERSONS.    Nothing
 contained  in  this  subdivision  shall  preclude  an  individual who is
 licensed as an associate broker who elects to work as an office  manager
 from  also  retaining  a  separate real estate broker's license under an
 individual, partnership, trade name, limited liability company or corpo-
 ration.
   § 3. Section 440-a of the real property law, as amended by  section  3
 of  part  V  of  chapter  58  of the laws of 2020, is amended to read as
 follows:
   § 440-a. License required  for  real  estate  brokers  and  [salesmen]
 SALESPERSONS.  No  person,  co-partnership, limited liability company or
 corporation shall engage in or follow the business or occupation of,  or
 hold  [himself] THEMSELVES or itself out or act temporarily or otherwise
 as a real estate broker or real estate [salesman]  SALESPERSON  in  this
 state  without  first  procuring  a license therefor as provided in this
 article. No person shall be entitled to  a  license  as  a  real  estate
 broker  under  this article, either as an individual or as a member of a
 co-partnership, or as a member or manager of a limited liability company
 or as an officer of a corporation, unless [he or she is] THEY ARE twenty
 A. 8077--A                          3
 
 years of age or over. No person shall be entitled to a license as a real
 estate [salesman] SALESPERSON under this article unless [he or  she  is]
 THEY  ARE over the age of eighteen years. No person shall be entitled to
 a  license as a real estate broker or real estate [salesman] SALESPERSON
 under this article who has been convicted in this state or elsewhere  of
 a  crime,  unless  the secretary makes a finding in conformance with all
 applicable statutory requirements, including those contained in  article
 twenty-three-A  of  the  correction  law,  that  such convictions do not
 constitute a bar to licensure. No person shall be entitled to a  license
 as a real estate broker or real estate [salesman] SALESPERSON under this
 article  who  does  not  meet  the  requirements of section 3-503 of the
 general obligations law.
   Notwithstanding anything to the contrary in this section, tenant asso-
 ciations and not-for-profit corporations authorized in  writing  by  the
 commissioner  of  the  department  of  the city of New York charged with
 enforcement of the housing maintenance code of such city to manage resi-
 dential property owned by such city or appointed by a court of competent
 jurisdiction to manage residential property owned by such city shall  be
 exempt from the licensing provisions of this section with respect to the
 properties so managed.
   §  4.  Section 440-b of the real property law, as added by chapter 555
 of the laws of 1934, is amended to read as follows:
   § 440-b. Licenses in Putnam county. On and  after  the  first  day  of
 July,  nineteen  hundred thirty-four, no person, copartnership or corpo-
 ration shall engage in or follow the business or occupation of, or  hold
 [himself]  THEMSELVES  or  itself out temporarily or otherwise as a real
 estate broker or real estate [salesman] SALESPERSON  in  the  county  of
 Putnam,  without  first procuring a license therefor as provided in this
 article, except that such license in such county shall  be  granted  and
 issued,  without  the written examination provided in this article, to a
 person, copartnership or corporation who was engaged in  business  as  a
 real  estate broker or real estate [salesman] SALESPERSON in such county
 prior to the first day of January, nineteen hundred thirty-four.
   § 5. Paragraphs (a), (b) and (c) of subdivision 1 and paragraphs  (a),
 (b), (c), and (d) of subdivision 1-A of section 441 of the real property
 law,  paragraph  (a)  of  subdivision 1 as amended by chapter 324 of the
 laws of 1998, paragraphs (b) and (c) of subdivision 1 and paragraph  (d)
 of  subdivision  1-A  as amended by chapter 183 of the laws of 2006, and
 paragraphs (a), (b), and (c) of subdivision 1-A as amended by chapter 81
 of the laws of 1995, are amended to read as follows:
   (a) Any person, copartnership, limited  liability  company  or  corpo-
 ration desiring to act as a real estate broker or any person desiring to
 act as a real estate [salesman] SALESPERSON on or after the first day of
 October,  nineteen hundred twenty-two, shall file with the department of
 state at its office in Albany an application for  the  kind  of  license
 desired,  in such form and detail as such department shall prescribe and
 conforming to the requirements of section 3-503  of  the  general  obli-
 gations  law,  setting  forth the following, if the application be for a
 broker's license:
   (i) The name and residence address of the applicant, and if  an  indi-
 vidual  the  name  under which [he intends] THEY INTEND to conduct busi-
 ness.
   (ii) If the applicant  be  a  copartnership  the  name  and  residence
 address  of each member thereof and the name under which the business is
 to be conducted; or, if the applicant be a  limited  liability  company,
 the  name  of  the  company,  and  the name and residence of each of its
 A. 8077--A                          4
 
 members; or, if the applicant be a corporation, the name of  the  corpo-
 ration and the name and residence address of each of its officers.
   (iii)  The  place or places, including the city, town or village, with
 the street and number, where the business is to be conducted.
   (iv) The business or occupation theretofore engaged in by  the  appli-
 cant,  or,  if a copartnership, by each member thereof, or, if a limited
 liability company, by each member thereof, or, if a corporation, by each
 officer thereof, for a period of two years,  immediately  preceding  the
 date  of  such application, setting forth the place or places where such
 business or occupation was engaged in and the name or names  of  employ-
 ers, if any.
   (v)  The  form, information and statement required by section 3-503 of
 the general obligations law.
   (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 or] their competency to transact the business of real estate broker
 in such a manner as to safeguard the interests of the public. In  deter-
 mining  competency,  the  department shall require proof that the person
 being tested to qualify to apply for a broker's license has a fair know-
 ledge 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, as  well  as  of  the  provisions  of  this
 section.  The  applicant must also furnish proof that [he has] THEY HAVE
 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]  SALESPERSON  under the supervision of a licensed real estate
 broker for a period of not less 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-learn-
 ing  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.
   (c) In the event the applicant shall be a licensed  [salesman]  SALES-
 PERSON  under  this  article  and  shall have submitted acceptable proof
 pursuant to the provisions of either paragraph (d) of subdivision  one-A
 of this section or paragraph (a) of subdivision three of this section of
 having  attended  and  successfully  completed  seventy-five hours of an
 approved real estate course or courses within eight years of the date of
 the application, the department may accept and credit same  against  the
 one hundred twenty hours required hereunder.
 A. 8077--A                          5
 
   (a)  Every  application  for  a real estate [salesman's] SALESPERSON'S
 license shall set forth:
   (i) The name and residence address of the applicant.
   (ii)  The  name and principal business address of the broker with whom
 [he is] THEY ARE to be associated.
   (iii) The business or occupation engaged in for the  two  years  imme-
 diately  preceding  the date of the application, setting forth the place
 or places where such business or occupation was engaged in, and the name
 or names of employers if any.
   (iv) The length of time [he has] THEY HAVE been engaged  in  the  real
 estate business.
   (v)  The  form, information and statement required by section 3-503 of
 the general obligations law.
   (b) Each applicant for  a  [salesman's]  SALESPERSON'S  license  shall
 provide  such  further  information  as  the  department  may reasonably
 require, appearing at such time and place as may be  designated  by  the
 department,  to  take a written examination and answer such questions as
 may be prepared by the department to enable it to determine  the  trust-
 worthiness  of  the applicant and the applicant's competence to transact
 the business of real estate [salesman] SALESPERSON in such a  manner  as
 to  safeguard  the  interests  of  the public, including the applicant's
 working knowledge of the basic concepts of law pertaining to  contracts,
 real  property,  agency  and  this  article which govern conduct of such
 business, mastery of basic skills  needed  to  perform  the  applicant's
 duties,  working  knowledge  of the ethical obligations of a real estate
 [salesman] SALESPERSON, and knowledge of the provisions of  the  general
 obligations law pertaining to performance of the applicant's duties.
   (c)   Each   application   for   either  a  broker's  or  [salesman's]
 SALESPERSON'S license under this article  shall  be  subscribed  by  the
 applicant;  or  if  made by a co-partnership it shall be subscribed by a
 member thereof, or if made by a corporation it shall be subscribed by an
 officer thereof, and shall conform to the requirements of section  3-503
 of the general obligations law. Each application shall contain an affir-
 mation by the person so subscribing that the statements therein are true
 under  the  penalties  of perjury. An application for a license shall be
 accompanied by the appropriate license fee, as hereinafter prescribed in
 this article.
   (d) Anything to the contrary herein notwithstanding, on and after  the
 effective  date of this paragraph, no [salesman's] SALESPERSON'S license
 or conditional license shall be issued  by  the  department  unless  the
 application  therefor  has  been accompanied by proof that prior to such
 application the applicant has attended at least seventy-five  hours  and
 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 properly conducted as to method,  content
 and  supervision.  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  compu-
 ter-based  and  distance-learning  courses, the department may prescribe
 that specified subjects or  hours  must  be  presented  in  a  classroom
 setting.
   § 6. Paragraph (b) of subdivision 1 of section 441 of the real proper-
 ty  law,  as  amended  by chapter 100 of the laws of 2022, is amended to
 read as follows:
 A. 8077--A                          6
 
   (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] THEY HAVE
 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]  SALESPERSON  under the supervision of a licensed real estate
 broker for a period of not less 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-learn-
 ing  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. For purposes of this section, cultural
 competency is defined as understanding cultural norms,  preferences  and
 challenges within our diverse communities.
   § 7. Paragraph (b) of subdivision 1 of section 441 of the real proper-
 ty  law,  as  separately amended by chapters 697 of the laws of 2021 and
 100 of the laws of 2022, 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
 A. 8077--A                          7
 
 competency training, a general and fair understanding of the laws, rules
 and regulations pertaining to fair housing  and  discrimination  in  the
 sale or rental of real property or an interest in real property, as well
 as  of  the  provisions of this section. The applicant must also furnish
 proof that [he or she has] THEY HAVE attended for at least  one  hundred
 fifty-two  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  prop-
 erly  as  to method, content and supervision, and that either the appli-
 cant has actively participated in  the  general  real  estate  brokerage
 business  as  a  licensed  real  estate [salesman] SALESPERSON under the
 supervision of a licensed real estate broker for a period  of  not  less
 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. For purposes
 of  this  section,  cultural  competency  is  defined  as  understanding
 cultural norms, preferences and challenges within our  diverse  communi-
 ties.
   § 8. Paragraph (c) of subdivision 1 of section 441 of the real proper-
 ty  law,  as  amended  by chapter 697 of the laws of 2021, is amended to
 read as follows:
   (c) In the event the applicant shall be a licensed  [salesman]  SALES-
 PERSON  under  this  article  and  shall have submitted acceptable proof
 pursuant to the provisions of either paragraph (d) of subdivision  one-A
 of this section or paragraph (a) of subdivision three of this section of
 having  attended  and  successfully  completed seventy-seven hours of an
 approved real estate course or courses, six hours  of  which  have  been
 focused on fair housing and discrimination in the sale or rental of real
 property or an interest in real property, within eight years of the date
 of  the  application,  the department may accept and credit same against
 the one hundred fifty-two hours required hereunder.
   § 8-a. Paragraphs (b) and (d) of subdivision 1-A of section 441 of the
 real property law, as amended by chapter 697 of the laws  of  2021,  are
 amended to read as follows:
   (b)  Each  applicant  for  a  [salesman's] SALESPERSON'S license shall
 provide such  further  information  as  the  department  may  reasonably
 require,  appearing  at  such time and place as may be designated by the
 department, to take a written examination and answer such  questions  as
 may  be  prepared by the department to enable it to determine the trust-
 worthiness of the applicant and the applicant's competence  to  transact
 the  business  of real estate [salesman] SALESPERSON in such a manner as
 to safeguard the interests of  the  public,  including  the  applicant's
 working  knowledge of the basic concepts of law pertaining to contracts,
 real property, agency and this article  which  govern  conduct  of  such
 business,  knowledge  of laws, rules, and regulations pertaining to fair
 housing and discrimination in the sale or rental of real property or  an
 interest in real property, mastery of basic skills needed to perform the
 applicant's  duties,  working  knowledge of the ethical obligations of a
 A. 8077--A                          8
 
 real estate [salesman] SALESPERSON, and knowledge of the  provisions  of
 the general obligations law pertaining to performance of the applicant's
 duties.
   (d)  Anything to the contrary herein notwithstanding, on and after the
 effective date of this paragraph, no [salesman's] SALESPERSON'S  license
 or  conditional  license  shall  be  issued by the department unless the
 application therefor has been accompanied by proof that  prior  to  such
 application  the applicant has attended at least seventy-seven hours and
 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 properly conducted as to method, content
 and supervision. 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 compu-
 ter-based and distance-learning courses, the  department  may  prescribe
 that  specified  subjects  or  hours  must  be  presented in a classroom
 setting.
   § 9. Subdivisions 1, 2, 3, 5, 6, 8, and 12 of  section  441-a  of  the
 real property law, subdivisions 1 and 8 as amended by chapter 226 of the
 laws  of  1980,  subdivision  2 as amended by chapter 345 of the laws of
 2012, subdivisions 3 and 6 as amended by chapter  183  of  the  laws  of
 2006,  subdivision  5  as  amended  by  chapter 61 of the laws 1989, and
 subdivision 12 as added by chapter 430 of the laws of 2008, are  amended
 to read as follows:
   1.  The department of state, if satisfied of the competency and trust-
 worthiness of the applicant, shall issue and deliver  to  [him]  THEM  a
 license  in  such form and manner as the department shall prescribe, but
 which must set forth the name and  principal  business  address  of  the
 licensee,  and, in the case of a real estate [salesman] SALESPERSON, the
 name and business address of the broker with whom the [salesman]  SALES-
 PERSON is associated.
   2.  Terms.  A  license issued or reissued under the provisions of this
 article shall entitle  the  person,  co-partnership,  limited  liability
 company or corporation to act as a real estate broker, or, if the appli-
 cation  is  for a real estate [salesman's] SALESPERSON'S license, to act
 as a real estate [salesman] SALESPERSON in this state up to and  includ-
 ing the date in which the license by its terms expires.
   3.  Place  of  business;  business  sign required. Except as otherwise
 provided in this article, each licensed real estate  broker  shall  have
 and  maintain  a definite place of business within this state, and shall
 conspicuously post on the outside of the building in which  said  office
 is  conducted  a sign of a sufficient size to be readable from the side-
 walk indicating the name and the business of the applicant as a licensed
 real estate broker, unless said office shall be located  in  an  office,
 apartment  or  hotel  building,  in  which  event the name and the words
 "licensed real estate broker" shall be posted in the space provided  for
 posting  of names of occupants of the building, other than the mail box.
 Where the applicant for a real estate broker's  license  maintains  more
 than  one  place of business, the broker shall apply for and the depart-
 ment shall issue a supplemental license for each branch office so  main-
 tained  upon  payment  to  the department of state for each supplemental
 license so issued the same fee prescribed in this article for a  license
 to  act  as a real estate broker. Each such branch office shall be under
 the direct supervision of the broker to whom the license is issued, or a
 A. 8077--A                          9
 
 representative broker of a corporation or partnership or  manager  of  a
 limited  liability  company  holding  such  license, or a duly appointed
 office manager. Such fee shall accompany such application and  shall  be
 non-refundable.  For  purposes  of this subdivision, the principal resi-
 dence of a real estate broker or [salesman]  SALESPERSON  shall  not  be
 deemed  a  place  of  business  solely because such broker or [salesman]
 SALESPERSON shall have included the residence telephone number in  [his]
 THEIR business cards.
   5.  Change  of  address.  Notice  in  writing  in  the manner and form
 prescribed by the department  shall  be  given  the  department  at  its
 offices  in  Albany  by a licensed real estate broker on [his] THEIR own
 behalf and on behalf of  each  [salesman]  SALESPERSON  associated  with
 [him]  THEM  of  any  change  in  [his]  THEIR or its principal business
 address. The filing fee of ten dollars for each licensee  named  therein
 shall  accompany  such  notice.  Such  change by a licensee without such
 notification shall operate to suspend [his]  THEIR  license  until  such
 suspension shall be vacated by the department.
   6.  Pocket card. The department shall prepare, issue and deliver, with
 the assistance of the department of motor vehicles, to each  licensee  a
 pocket  card  in such form and manner as the department shall prescribe,
 but which shall contain the photo, name  and  business  address  of  the
 licensee,  and, in the case of a real estate [salesman] SALESPERSON, the
 name and business address of the broker with whom [he or  she  is]  THEY
 ARE  associated  and  shall  certify  that the person whose name appears
 thereon is a licensed real estate broker or [salesman]  SALESPERSON,  as
 may  be.  Such  cards  must  be  shown  on  demand. In the case of loss,
 destruction or damage, the secretary of state may,  upon  submission  of
 satisfactory  proof, issue a duplicate pocket card upon payment of a fee
 of ten dollars.
   8. Death of broker. A license issued to a real estate broker who  was,
 at  the  time  of  [his] THEIR death, the sole proprietor of a brokerage
 office may be used after the death of such licensee by [his] THEIR  duly
 appointed  administrator  or executor in the name of the estate pursuant
 to authorization granted by the surrogate under the  provisions  of  the
 surrogate's  court  procedure  act  for  a  period  of not more than one
 hundred twenty days from the date of death of such licensee in order  to
 complete  any  unfinished  realty transactions in the process of negoti-
 ation by the broker or [his salesmen] THEIR SALESPERSONS existing  prior
 to  [his]  THEIR  decease.  There shall be endorsed upon the face of the
 license, after the name of the decedent, the words "deceased", the  date
 of  death  and  the  name  of  the administrator or executor under whose
 authority the license is being used. The period of  one  hundred  twenty
 days  may  be  extended  upon application to the secretary of state, for
 good cause shown, for an additional period not  to  exceed  one  hundred
 twenty days. A license expiring during such period or extension shall be
 automatically  renewed  and  continued  in  effect during such period or
 extension. No fee shall be charged for any such license or renewal ther-
 eof.
   12. Whenever any person licensed as  a  real  estate  broker  or  real
 estate [salesman] SALESPERSON is convicted in this state or elsewhere of
 a felony, of a sex offense, as defined in subdivision two of section one
 hundred  sixty-eight-a  of  the  correction law or any offense committed
 outside of this state which would constitute a sex offense, or a sexual-
 ly violent offense, as defined  in  subdivision  three  of  section  one
 hundred  sixty-eight-a  of  the  correction law or any offense committed
 outside this state which would constitute a  sexually  violent  offense,
 A. 8077--A                         10
 
 such  real  estate  broker  or  real estate [salesman] SALESPERSON shall
 within five days of the imposition of  sentence,  transmit  a  certified
 copy of the judgment of conviction to the department of state.
   §  10. Subdivisions 1 and 2 of section 441-b of the real property law,
 subdivision 1 as amended by chapter 91 of the laws of 2022 and  subdivi-
 sion  2  as  amended  by chapter 324 of the laws of 1998, are amended to
 read as follows:
   1. The fee for a license issued or reissued under  the  provisions  of
 this  article  entitling  a  person,  co-partnership,  limited liability
 company or corporation to act as a  real  estate  broker  shall  be  one
 hundred  fifty-five  dollars plus an additional thirty dollar surcharge.
 Such surcharge shall be collected by the department of state and  depos-
 ited  into  the anti-discrimination in housing fund established pursuant
 to section eighty-a of the state finance law to be  used  for  statewide
 fair  housing  testing efforts. The fee for a license issued or reissued
 under the provisions of this article entitling a person to act as a real
 estate [salesman] SALESPERSON shall be fifty-five dollars plus an  addi-
 tional  ten  dollar  surcharge. Such surcharge shall be collected by the
 department of state and deposited into the anti-discrimination in  hous-
 ing  fund  established pursuant to section eighty-a of the state finance
 law to be used for statewide fair housing testing efforts. Notwithstand-
 ing the provisions of subdivision seven of section four  hundred  forty-
 one-a of this article, after January first, nineteen hundred eighty-six,
 the  secretary  of  state  shall  assign  staggered expiration dates for
 outstanding licenses that have been previously renewed on October  thir-
 ty-first  of  each  year  from  the assigned date unless renewed. If the
 assigned date results in a term that  exceeds  twenty-four  months,  the
 applicant  shall pay an additional prorated adjustment together with the
 regular renewal fee. The secretary of state shall assign dates to exist-
 ing licenses in a manner which shall result in a term of not  less  than
 two years.
   2. Corporations and co-partnerships. If the licensee be a corporation,
 the  license  issued  to  it shall entitle the president thereof or such
 other officer as shall be designated by such corporation, to  act  as  a
 real  estate broker. For each other officer who shall desire to act as a
 real estate broker in behalf of such corporation an  additional  license
 expiring  on  the  same  date as the license of the corporation shall be
 applied for and issued, as hereinbefore  provided,  the  fee  for  which
 shall be the same as the fee required by this section for the license to
 the  corporation.  No  license  as  a real estate [salesman] SALESPERSON
 shall be issued to any officer of a corporation nor to  any  manager  or
 member  of  a limited liability company nor to a member of a co-partner-
 ship licensed as a real estate broker. If the licensee be a  co-partner-
 ship the license issued to it shall entitle one member thereof to act as
 a  real estate broker, and for each other member of the firm who desires
 to act as a real estate broker an additional  license  expiring  on  the
 same  date as the license of the co-partnership shall be applied for and
 issued, as hereinbefore provided, the fee for which shall be the same as
 the fee required by this section for the license to the  co-partnership.
 If the licensee be a limited liability company, the license issued to it
 shall entitle one member thereof or one manager thereof to act as a real
 estate  broker,  and  for  each  other member or manager of the firm who
 desires to act as a real estate broker an additional license expiring on
 the same date as the license of the limited liability company  shall  be
 applied  for  and  issued,  as  hereinbefore provided, the fee for which
 shall be the same as the fee required by this section for the license to
 A. 8077--A                         11
 
 the limited liability company. In case a person licensed individually as
 a real estate broker thereafter becomes an officer of a corporation or a
 member or manager of a limited  liability  company  or  a  member  of  a
 co-partnership  an  application  shall  be made in behalf of such corpo-
 ration, limited liability  company  or  co-partnership  for  a  broker's
 license  for  [him]  THEM as its representative for the remainder of the
 then current license term, provided that the  license  and  pocket  card
 previously  issued  to  the  licensee in [his] THEIR individual capacity
 shall have been returned to  the  department  whereupon  the  department
 shall  cause  a properly signed endorsement to be made without charge on
 the face of such license and pocket card as to such  change  of  license
 status and return the license and pocket card to the licensee.
   §  11.  Paragraph  (a) of subdivision 1, subparagraphs (i) and (iv) of
 paragraph (b) of subdivision 1, and subdivisions  2  and  4  of  section
 441-c  of the real property law, paragraph (a) of subdivision 1 as sepa-
 rately amended by chapters 687 and 696 of the  laws  of  2021,  subpara-
 graphs  (i)  and  (iv)  of  paragraph (b) of subdivision 1 as amended by
 chapter 398 of the laws of 1997, and subdivisions 2 and 4 as amended  by
 chapter 347 of the laws of 1966, are amended to read as follows:
   (a)  The  department  of state may revoke the license of a real estate
 broker or [salesman] SALESPERSON or suspend the same, for such period as
 the department may deem proper, or in lieu thereof may impose a fine not
 exceeding two thousand dollars  payable  to  the  department  of  state,
 provided  that fifty percent of all moneys received by the department of
 state for such fines shall be  payable  to  the  anti-discrimination  in
 housing  fund  established  pursuant  to  section  eighty-a of the state
 finance law, or a  reprimand  upon  conviction  of  the  licensee  of  a
 violation of any provision of this article, or for a violation of subdi-
 vision  four of section four hundred forty-two-h of this article, or for
 a material misstatement in the application for such license, or if  such
 licensee  has  been  guilty  of  fraud  or  fraudulent practices, or for
 dishonest or misleading advertising, or has demonstrated  untrustworthi-
 ness or incompetency to act as a real estate broker or [salesman] SALES-
 PERSON,  or  for  a  violation  of  article fifteen of the executive law
 committed in [his or her] THEIR capacity as  a  real  estate  broker  or
 [salesman] SALESPERSON, as the case may be. In the case of a real estate
 broker  engaged in the business of a tenant relocator, untrustworthiness
 or incompetency shall include engaging in any course of conduct  includ-
 ing, but not limited to, the interruption or discontinuance of essential
 building  service,  that interferes with or disturbs the peace, comfort,
 repose and quiet enjoyment of a tenant.
   (i) The provisions of this paragraph  shall  apply  in  all  cases  of
 licensed  broker  or  licensed  [salesman]  SALESPERSON who have failed,
 after receiving appropriate notice, to comply with a  summons,  subpoena
 or  warrant relating to a paternity or child support proceeding or is in
 arrears in payment of  child  support  or  combined  child  and  spousal
 support  referred  to the department by a court pursuant to the require-
 ments of section two hundred forty-four-c of the domestic relations  law
 or  pursuant  to  section  four  hundred  fifty-eight-b  or five hundred
 forty-eight-b of the family court act.
   (iv) Notwithstanding any inconsistent provision of this article or  of
 any other provision of law to the contrary, the license of a real estate
 broker  or  [salesman] SALESPERSON shall be suspended if at the hearing,
 provided for by subparagraph [two] (II) of this paragraph, the  licensee
 fails  to present proof of payment as required by such subdivision. Such
 suspension  shall  not  be  lifted  unless  the  court  or  the  support
 A. 8077--A                         12
 
 collection  unit,  where  the  court  order  is  payable  to the support
 collection unit designated by the appropriate social services  district,
 issues  notice  to  the  department  that full payment of all arrears of
 support established by the order of the court to be due have been paid.
   2. Determination of department. In the event that the department shall
 revoke  or  suspend any such license, or impose any fine or reprimand on
 the holder thereof, its determination shall be in writing and officially
 signed. The original of such determination, when  so  signed,  shall  be
 filed in the office of the department and copies thereof shall be served
 personally or by registered mail upon the broker or [salesman] SALESPER-
 SON  and  addressed to the principal place of business of such broker or
 [salesman] SALESPERSON, and to the complainant. All brokers' and [sales-
 men's] SALESPERSONS' licenses and pocket cards shall be returned to  the
 department  of  state  within five days after the receipt of notice of a
 revocation or suspension, or in lieu thereof, the broker  or  [salesman]
 SALESPERSON  whose  license has been revoked or suspended shall make and
 file an affidavit in form prescribed by the department of state, showing
 that the failure to return such license and pocket card is due either to
 loss or destruction thereof.
   4. Whenever the license of a real estate broker or real estate [sales-
 man] SALESPERSON is revoked by the department, such real  estate  broker
 or  real  estate  [salesman] SALESPERSON shall be ineligible to be reli-
 censed either as a real estate broker or real estate  [salesman]  SALES-
 PERSON  until after the expiration of a period of one year from the date
 of such revocation.
   § 12. Section 441-d of the real property law, as  amended  by  chapter
 226 of the laws of 1980, is amended to read as follows:
   § 441-d. [Salesman's] SALESPERSON'S license suspended by revocation or
 suspension  of  employer's  license.  The  revocation or suspension of a
 broker's license shall operate to  suspend  the  license  of  each  real
 estate  [salesman]  SALESPERSON  associated  with such broker, pending a
 change of association of the [salesman] SALESPERSON or the expiration of
 the period of suspension of the broker's license. Such suspension of the
 [salesman's] SALESPERSON'S license shall be deemed to  be  a  discontin-
 uance of association with the broker being suspended.
   §  13. Subdivisions 1 and 2 of section 441-e of the real property law,
 subdivision 1 as added by chapter 699 of the laws of 1988, and  subdivi-
 sion  2  as  amended  by chapter 505 of the laws of 2001, are amended to
 read as follows:
   1. Denial of license. The department of state shall, before  making  a
 final  determination  to  deny  an application for a license, notify the
 applicant in writing of the reasons for such proposed denial  and  shall
 afford  the applicant an opportunity to be heard in person or by counsel
 prior to denial of the application. Such notification  shall  be  served
 personally or by certified mail or in any manner authorized by the civil
 practice  law and rules. If the applicant is a [salesman] SALESPERSON or
 has applied to become a [salesman]  SALESPERSON,  the  department  shall
 also  notify the broker with whom such [salesman] SALESPERSON is associ-
 ated, or with whom such [salesman] SALESPERSON or applicant is about  to
 become  associated,  of such proposed denial. If a hearing is requested,
 such hearing shall be held at such time  and  place  as  the  department
 shall  prescribe. If the applicant fails to make a written request for a
 hearing within thirty days after receipt of such notification, then  the
 notification  of  denial  shall  become  the  final determination of the
 department. The department, acting by such  officer  or  person  in  the
 department as the secretary of state may designate, shall have the power
 A. 8077--A                         13
 
 to  subpoena  and  bring  before the officer or person so designated any
 person in this state, and administer an oath to and  take  testimony  of
 any  person  or  cause  [his]  THEIR  deposition to be taken. A subpoena
 issued  under  this section shall be regulated by the civil practice law
 and rules. If, after such hearing, the application  is  denied,  written
 notice  of  such denial shall be served upon the applicant personally or
 by certified mail or in any manner authorized by the civil practice  law
 and  rules,  and  if  the  applicant is a [salesman] SALESPERSON, or has
 applied to become a [salesman] SALESPERSON, the department shall  notify
 the broker with whom such applicant is associated.
   2.  Revocation, suspension, reprimands, fines. The department of state
 shall, before revoking or suspending any license or imposing any fine or
 reprimand on the holder thereof or before imposing  any  fine  upon  any
 person  not  licensed  pursuant  to  this article who is deemed to be in
 violation of section four hundred forty-two-h of this  article,  and  at
 least  ten days prior to the date set for the hearing, notify in writing
 the holder of such license or such unlicensed person of any charges made
 and shall afford such licensee or unlicensed person an opportunity to be
 heard in person or by counsel in reference thereto. Such written  notice
 may  be  served  by  delivery  of same personally to the licensee, or by
 mailing same by certified mail to the last  known  business  address  of
 such  licensee  or unlicensed person, or by any method authorized by the
 civil practice law and rules. If said licensee be a [salesman] SALESPER-
 SON, the department shall also notify the broker with whom [he is]  THEY
 ARE associated of the charges by mailing notice by certified mail to the
 broker's  last known business address. The hearing on such charges shall
 be at such time and place as the department shall prescribe.
   § 14. Subdivision 1 and paragraph (i) of subdivision 2 of section  442
 of the real property law, as amended by chapter 514 of the laws of 2014,
 are amended to read as follows:
   1.  No  real  estate broker shall pay any part of a fee, commission or
 other compensation received by the broker to any person for any service,
 help or aid rendered in any place in which this article  is  applicable,
 by  such  person  to the broker in buying, selling, exchanging, leasing,
 renting or negotiating a loan upon any real estate including the  resale
 of a condominium or cooperative apartment unless such a person be a duly
 licensed  real  estate  [salesman] SALESPERSON regularly associated with
 such broker or a duly licensed real estate broker or a person  regularly
 engaged  in the real estate brokerage business in a state outside of New
 York; provided, however, that notwithstanding  any  other  provision  of
 this  section,  it  shall be permissible for a real estate broker to pay
 any part of a fee, commission, or  other  compensation  received  to  an
 unlicensed  corporation  or  an  unlicensed limited liability company if
 each of its shareholders or members, respectively, is associated  as  an
 individual  with  the  broker  as  a  duly  licensed associate broker or
 [salesman] SALESPERSON.
   (i) a real estate [salesman]  SALESPERSON  duly  licensed  under  this
 article who is regularly associated with such broker;
   §  15.  Section  442-a of the real property law, as amended by chapter
 226 of the laws of 1980, is amended to read as follows:
   § 442-a. Compensation of [salesmen] SALESPERSONS;  restrictions.    No
 real estate [salesman] SALESPERSON in any place in which this article is
 applicable  shall  receive  or  demand compensation of any kind from any
 person, other than a duly licensed real estate  broker  with  whom  [he]
 THEY  associated,  for any service rendered or work done by such [sales-
 A. 8077--A                         14

 man] SALESPERSON in the appraising, buying, selling,  exchanging,  leas-
 ing, renting or negotiating of a loan upon any real estate.
   §  16.  Section  442-b of the real property law, as amended by chapter
 226 of the laws of 1980, is amended to read as follows:
   § 442-b. Discontinuance or change of [salesman's] SALESPERSON'S  asso-
 ciation;  report.    When  the association of any real estate [salesman]
 SALESPERSON shall have been terminated for any reason whatsoever,  [his]
 THEIR  broker  shall forthwith notify the department of state thereof in
 such manner as the department shall prescribe.   Where  change  of  such
 [salesman's]  SALESPERSON'S  association  is  the  basis for such termi-
 nation, the [salesman's] SALESPERSON'S successor broker shall  forthwith
 notify  the  department  of such change in such manner as the department
 shall prescribe, such notice to be accompanied by a fee of  one  dollar.
 No  real  estate [salesman] SALESPERSON shall perform any act within any
 of the prohibitions of this article from and after the  termination  for
 any  cause  of  [his] THEIR association until [he] THEY thereafter shall
 have become associated with a licensed real estate broker.
   § 17. Section 442-c of the real property law, as  amended  by  chapter
 699 of the laws of 1988, is amended to read as follows:
   §  442-c. Violations by [salesmen] SALESPERSONS; broker's responsibil-
 ity. No violation of a provision  of  this  article  by  a  real  estate
 [salesman]  SALESPERSON  or  employee  of  a real estate broker shall be
 deemed to be cause for the revocation or suspension of  the  license  of
 the  broker, unless it shall appear that the broker had actual knowledge
 of such violation or retains the benefits,  profits  or  proceeds  of  a
 transaction wrongfully negotiated by [his salesman] THEIR SALESPERSON or
 employee  after  notice  of the [salesman's] SALESPERSON'S or employee's
 misconduct. A broker shall be guilty of a  misdemeanor  for  having  any
 [salesman]  SALESPERSON  associated  with  [his]  THEIR firm who has not
 secured the required license authorizing such employment.
   § 18. Section 442-d of the real property law, as  amended  by  chapter
 324 of the laws of 1998, is amended to read as follows:
   §  442-d.  Actions  for  commissions; license prerequisite. No person,
 copartnership, limited liability company or corporation shall  bring  or
 maintain  an  action  in  any  court  of  this state for the recovery of
 compensation for services rendered, in any place in which  this  article
 is  applicable,  in the buying, selling, exchanging, leasing, renting or
 negotiating a loan upon any real estate  without  alleging  and  proving
 that  such  person was a duly licensed real estate broker or real estate
 [salesman] SALESPERSON on the date when  the  alleged  cause  of  action
 arose.
   §  19.  Subdivision  5  of  section 442-e of the real property law, as
 added by chapter 468 of the laws of 1940, is amended to read as follows:
   5. The secretary  of  state  shall  have  the  power  to  enforce  the
 provisions of this article and upon complaint of any person, or on [his]
 THEIR  own initiative, to investigate any violation thereof or to inves-
 tigate the business, business practices  and  business  methods  of  any
 person,  firm or corporation applying for or holding a license as a real
 estate broker or [salesman] SALESPERSON, if in the opinion of the secre-
 tary of state such investigation is warranted. Each  such  applicant  or
 licensee  shall  be  obliged,  on  request of the secretary of state, to
 supply such information as may be required concerning [his] THEIR or its
 business, business practices or business methods, or  proposed  business
 practices or methods.
   §  20.  Subdivisions 1, 4, and 6 of section 442-g of the real property
 law, subdivision 1 as amended by chapter 744 of the laws of 1978, subdi-
 A. 8077--A                         15
 
 vision 4 as amended by chapter 482 of the laws of 1963, and  subdivision
 6  as  added  by section 2 of part D of chapter 328 of the laws of 2014,
 are amended to read as follows:
   1.  A  nonresident  of this state may become a real estate broker or a
 real  estate  [salesman]  SALESPERSON  by  conforming  to  all  of   the
 provisions  of  this article, except that a nonresident broker regularly
 engaged in the real estate business as a vocation who  is  licensed  and
 maintains  a  definite  place of business in another state, which offers
 the same privileges to the licensed brokers of this state, shall not  be
 required to maintain a place of business within this state.  Anything to
 the contrary herein notwithstanding, if any state prohibits or restricts
 the  right  of a resident of this state to become a licensed nonresident
 real estate broker or [salesman] SALESPERSON, then the issuance of  such
 a  license  to  an  applicant  resident in such state shall be similarly
 restricted. The department of state shall recognize the  license  issued
 to  a  real  estate broker or [salesman] SALESPERSON by another state as
 satisfactorily qualifying [him] THEM for license as broker or [salesman]
 SALESPERSON, as the case may be, under this section; provided  that  the
 laws  of  the  state  of  which [he is] THEY ARE a resident require that
 applicants for licenses as real estate brokers and [salesmen]  SALESPER-
 SONS shall establish their competency by written examinations but permit
 licenses  to  be  issued  to  residents  of  the  State of New York duly
 licensed under this article, without examination. If the applicant is  a
 resident  of  a  state which has not such requirement then the applicant
 must meet the examination requirement as provided herein and the depart-
 ment of state shall issue  a  license  to  such  nonresident  broker  or
 [salesman] SALESPERSON upon payment of the license fee and the filing by
 the applicant with the department of a certified copy of the applicant's
 license issued by such other state.
   4.  The  secretary  of state shall promptly send one of such copies by
 registered mail, return receipt requested, to the nonresident broker  or
 nonresident  [salesman]  SALESPERSON at the post office address of [his]
 THEIR main office as set forth in the last application filed by  him  OR
 HER.
   6.  Notwithstanding  any other provisions of this article, the depart-
 ment of state shall grant a real estate broker or a real estate  [sales-
 man]  SALESPERSON  license to an applicant who is a member of the house-
 hold of a member of the armed forces  of  the  United  States,  national
 guard  or reserves and was a member of such household before such member
 of the armed forces relocated to  the  state  who  submits  satisfactory
 evidence  of  licensure,  certification  or  registration to practice an
 equivalent occupation issued by  a  state,  territory,  protectorate  or
 dependency  of  the  United  States, provided that such license, certif-
 ication or certificate of registration was current and effective  within
 one  year  of  the date of the individual's application for licensure in
 New York, was granted in compliance with  standards  that  are,  in  the
 judgment  of  the  secretary,  no  less rigorous than those required for
 licensure in New York. If such standards for licensure, certification or
 registration are deemed by the secretary to be less rigorous than  those
 required for licensure in New York, the secretary shall permit an appli-
 cant  to submit evidence in a form acceptable to the department of state
 to demonstrate the applicant's competency and trustworthiness.  If  such
 evidence  is  sufficient in the judgment of the secretary, the secretary
 shall grant a real estate broker or real estate salesperson license.
 A. 8077--A                         16
 
   § 21. Paragraph j of subdivision 1 of section 443 of the real property
 law, as amended by chapter 549 of the laws of 2007, is amended  to  read
 as follows:
   j.  "Designated  sales  agent" means a licensed real estate [salesman]
 SALESPERSON or associate broker, working under the supervision of a real
 estate broker, who has been  assigned  to  represent  a  client  when  a
 different  client  is also represented by such real estate broker in the
 same transaction.
   § 22. This act shall take effect immediately; provided,  however,  the
 amendments  to paragraph (b) of subdivision 1 of section 441 of the real
 property law made by section six of this act shall take  effect  on  the
 same date and in the same manner as section 1 of chapter 688 of the laws
 of  2021, takes effect, and the amendments to such paragraph (b) made by
 section seven of this act shall take effect on the same date and in  the
 same  manner  as  section  2  of  chapter 697 of the laws of 2021, takes
 effect; and provided, further, the amendments to paragraph (c) of subdi-
 vision 1 of section 441 of the real property law made by  section  eight
 of this act shall take effect on the same date and in the same manner as
 section  2  of  chapter  697  of  the  laws  of  2021, takes effect; and
 provided, further, the amendments to paragraphs (b) and (d) of  subdivi-
 sion 1-A of section 441 of the real property law made by section eight-a
 of this act shall take effect on the same date and in the same manner as
 section 3 of chapter 697 of the laws of 2021, takes effect.