NY State Assembly Bill A9175

Archive: Last Bill Status Via S7729 - Signed by Governor

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

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Actions

view actions (10)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 18, 2022	signed chap.153 delivered to governor
Mar 15, 2022	returned to senate passed assembly ordered to third reading cal.483 substituted for a9175
Mar 15, 2022	substituted by s7729
Mar 10, 2022	advanced to third reading cal.483
Mar 08, 2022	reported
Feb 08, 2022	referred to judiciary

Votes

view votes

Jan 20, 2022 - floor Vote

S7729

floor

Aye

Nay

Absent

Excused

Abstained

Jan 18, 2022 - Rules committee Vote

S7729

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jan 10, 2022 - Rules committee Vote

S7729

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

A9175 (ACTIVE) - Details

See Senate Version of this Bill:: S7729
Law Section:: Real Property Law
Laws Affected:: Amd §442-h, RP L; amd §3, Chap of 2021 (as proposed in S.2131-A & A.6186)

A9175 (ACTIVE) - Summary

Requires real estate brokers to institute standardized operating procedures for the prerequisites prospective homebuyers shall meet prior to receiving any services.

A9175 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9175
 
                           I N  A S S E M B L Y
 
                             February 8, 2022
                                ___________
 
 Introduced  by M. of A. GRIFFIN -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the real property law, in  relation  to  requiring  real
   estate  brokers to institute standardized operating procedures for the
   prerequisites prospective homebuyers shall meet prior to receiving any
   services; and to amend a chapter of the laws of 2021 amending the real
   property law relating to requiring the secretary of state  to  promul-
   gate  regulations requiring real estate brokers to institute standard-
   ized operating procedures for the prerequisites prospective homebuyers
   shall meet prior to receiving any services, as proposed in legislative
   bills numbers S. 2131-A and A. 6186, in relation to the  effectiveness
   thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 442-h of the real property law, as
 added by a chapter of the laws of 2021 amending the  real  property  law
 relating  to  requiring the secretary of state to promulgate regulations
 requiring real estate brokers to institute standardized operating proce-
 dures for the prerequisites prospective homebuyers shall meet  prior  to
 receiving  any  services,  as  proposed  in legislative bills numbers S.
 2131-A and A. 6186, is amended to read as follows:
   4. (a) [The secretary of state, upon notice  and  a  public  hearing,]
 EACH  REAL ESTATE BROKER shall [promulgate rules and regulations requir-
 ing real estate brokers to] institute standardized operating  procedures
 for  the prerequisites prospective homebuyers must meet prior to receiv-
 ing any services. Such [rules and  regulations]  STANDARDIZED  OPERATING
 PROCEDURES shall include but not be limited to the following:
   (i) whether prospective clients shall show identification;
   (ii) whether an exclusive broker agreement is required; [and]
   (iii) whether pre-approval for a mortgage loan is required; AND
   (IV) ANY OTHER SUCH STANDARDIZED OPERATING PROCEDURES AS THE SECRETARY
 OF  STATE SHALL DETERMINE BY REGULATION AND UPON NOTICE AND PUBLIC HEAR-
 ING.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06380-04-2

 A. 9175                             2
 
   (b) Real estate brokers shall [submit] DATE STAMP, NOTARIZE  AND  POST
 such  standardized  operating procedures [to the department of state and
 the department of state] ON ANY PUBLICLY AVAILABLE  WEBSITE  AND  MOBILE
 DEVICE  APPLICATION  THEY MAINTAIN, SHALL MAKE A COPY OF SUCH PROCEDURES
 AVAILABLE  TO  THE  PUBLIC  UPON  REQUEST AT THEIR OFFICE LOCATIONS, AND
 shall maintain a file of such standardized  operating  procedures  while
 the broker's license is active [and for at least five years thereafter].
 ANY  WEBSITE OR MOBILE DEVICE APPLICATION MAINTAINED BY A TEAM OR A REAL
 ESTATE SALESPERSON SHOULD ALSO HAVE THE BROKERS' POLICIES POSTED OR HAVE
 A DIRECT LINK FROM SUCH WEBSITE OR  MOBILE  DEVICE  APPLICATION  TO  THE
 BROKERS'  WEBSITE  OR  MOBILE DEVICE APPLICATION. If any alterations are
 made  to  the  standardized  operating  procedures  subsequent  to  such
 [submission] POSTING, real estate brokers shall [notify and submit] DATE
 STAMP,  NOTARIZE  AND POST such new standard operating procedures ON ANY
 PUBLICLY AVAILABLE WEBSITE OR MOBILE DEVICE  APPLICATION  THEY  MAINTAIN
 within  thirty  days, AND ARCHIVE SUCH ALTERATIONS. Any BROKER OR sales-
 person operating under a brokerage license that fails to adhere to  such
 operating  procedures  shall  be  subject  to  the  penalties imposed by
 section four hundred forty-one-c of this article.
   (C) ANY TIME A REAL ESTATE BROKER IS REQUIRED TO RENEW  THEIR  LICENSE
 THEY  MUST AFFIRM TO THE DEPARTMENT OF STATE THAT THEY ARE IN COMPLIANCE
 WITH THE REQUIREMENTS OF THIS SUBDIVISION RELATED TO STANDARDIZED  OPER-
 ATING PROCEDURES.
   §  2.  Section  3  of  a chapter of the laws of 2021 amending the real
 property law relating to requiring the secretary of state to  promulgate
 regulations  requiring  real  estate  brokers  to institute standardized
 operating procedures for the prerequisites prospective homebuyers  shall
 meet  prior  to receiving any services, as proposed in legislative bills
 numbers S. 2131-A and A. 6186, is amended to read as follows:
   § 3. This act shall take effect [immediately] ON THE ONE HUNDRED TWEN-
 TIETH DAY AFTER IT SHALL HAVE BECOME A LAW.
   § 3. This act shall take effect immediately, provided,  however,  that
 section  one  of  this act shall take effect on the same date and in the
 same manner as a chapter of the laws of 2021 amending the real  property
 law  relating  to  requiring  the secretary of state to promulgate regu-
 lations requiring real estate brokers to institute standardized  operat-
 ing  procedures  for the prerequisites prospective homebuyers shall meet
 prior to receiving  any  services,  as  proposed  in  legislative  bills
 numbers S. 2131-A and A. 6186, takes effect.

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The New York State Senate

assembly Bill A9175

Sponsored By

Archive: Last Bill Status Via S7729 - Signed by Governor

Your Voice

Actions

Votes

Jan 20, 2022 - floor Vote

Floor Vote: Jan 20, 2022

Jan 18, 2022 - Rules committee Vote

Committee Vote: Jan 18, 2022

Jan 10, 2022 - Rules committee Vote

Committee Vote: Jan 10, 2022

Co-Sponsors

A9175 (ACTIVE) - Details

A9175 (ACTIVE) - Summary

A9175 (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A9175

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Sponsored By

GRIFFIN

Archive: Last Bill Status Via S7729 - Signed by Governor

Your Voice

Actions

Votes

Jan 20, 2022 - floor Vote

Floor Vote: Jan 20, 2022

Jan 18, 2022 - Rules committee Vote

Committee Vote: Jan 18, 2022

Jan 10, 2022 - Rules committee Vote

Committee Vote: Jan 10, 2022

Co-Sponsors

Rebecca Seawright

A9175 (ACTIVE) - Details

A9175 (ACTIVE) - Summary

A9175 (ACTIVE) - Bill Text download pdf

Comments