S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2132
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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  increasing
   required  training for real estate brokers and real estate salespeople
   to prevent discrimination

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Subdivision 3 of section 441 of the real property law is
 amended by adding a new paragraph (e) to read as follows:
   (E) THE SECRETARY OF STATE SHALL  PROMULGATE  RULES  ESTABLISHING  THE
 CONTENT  OF  THE INSTRUCTION PERTAINING TO FAIR HOUSING AND/OR DISCRIMI-
 NATION IN THE SALE OR RENTAL OF REAL PROPERTY OR  AN  INTEREST  IN  REAL
 PROPERTY REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION. SUCH INSTRUCTION
 SHALL  INCLUDE,  BUT  NOT  BE  LIMITED TO, COURSES ON: (1) THE LEGACY OF
 SEGREGATION, UNEQUAL TREATMENT, AND HISTORIC LACK OF ACCESS TO  OPPORTU-
 NITY  IN  HOUSING;  (2) UNEQUAL ACCESS TO AMENITIES AND RESOURCES ON THE
 BASIS OF RACE, DISABILITY,  AND  OTHER  PROTECTED  CHARACTERISTICS;  (3)
 FEDERAL, STATE, AND LOCAL FAIR HOUSING LAWS; AND (4) ANTI-BIAS TRAINING.
   §  2.  Paragraphs  (b)  and (c) of subdivision 1 of section 441 of the
 real property law, as amended by chapter 183 of the laws  of  2006,  are
 amended and a new paragraph (d) is added 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06385-01-1

 S. 2132                             2
 
 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, A GENERAL AND  FAIR  UNDERSTANDING  OF  THE
 LAWS,  RULES  AND  REGULATIONS  PERTAINING TO FAIR HOUSING AND DISCRIMI-
 NATION 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 has attended for at  least  one  hundred
 [twenty]  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 opin-
 ion 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 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.
   (c) In the event the applicant shall be a licensed salesman 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]  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 [twenty] FIFTY-TWO hours required hereunder.
   (D) THE ONE HUNDRED FIFTY-TWO HOURS OF AN APPROVED REAL ESTATE  COURSE
 OR  COURSES  REQUIRED BY PARAGRAPH (B) OF THIS SUBDIVISION SHALL INCLUDE
 INSTRUCTION ON FAIR HOUSING AND DISCRIMINATION IN THE SALE OR RENTAL  OF
 REAL  PROPERTY OR AN INTEREST IN REAL PROPERTY AS DESCRIBED IN PARAGRAPH
 (E) OF SUBDIVISION THREE OF THIS SECTION AND INSTRUCTION ON THE LICENSED
 REAL ESTATE BROKER'S RESPONSIBILITY FOR ENSURING THAT EACH LICENSED REAL
 ESTATE SALESMAN UNDER SUCH BROKER'S SUPERVISION IS  IN  COMPLIANCE  WITH
 HIS  OR HER OBLIGATIONS UNDER APPLICABLE FEDERAL, STATE, AND LOCAL LAWS,
 RULES, AND REGULATIONS PERTAINING TO FAIR HOUSING AND DISCRIMINATION  IN
 THE SALE OR RENTAL OF REAL PROPERTY OR AN INTEREST IN REAL PROPERTY.
   §  3.  Paragraphs (b) and (d) of subdivision 1-A of section 441 of the
 real property law, paragraph (b) as amended by chapter 81 of the laws of
 1995, and paragraph (d) as amended by chapter 183 of the laws  of  2006,
 are amended to read as follows:
   (b) Each applicant for a salesman'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  depart-
 ment  to enable it to determine the trustworthiness of the applicant and

 S. 2132                             3
 
 the applicant's competence to  transact  the  business  of  real  estate
 salesman  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  REGU-
 LATIONS  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 real estate salesman, 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 license  or  conditional
 license  shall be issued by the department unless the application there-
 for has been accompanied by proof that prior  to  such  application  the
 applicant  has  attended at least [seventy-five] 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.
   § 4. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2132--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2021
                                ___________
 
 Introduced  by Sens. SKOUFIS, KAVANAGH, THOMAS -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend  the  real  property  law,  in  relation  to  increasing
   required  training for real estate brokers and real estate salespeople
   to prevent discrimination
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Subdivision 3 of section 441 of the real property law is
 amended by adding a new paragraph (e) to read as follows:
   (E) THE SECRETARY OF STATE SHALL  PROMULGATE  RULES  ESTABLISHING  THE
 CONTENT  OF  THE INSTRUCTION PERTAINING TO FAIR HOUSING AND/OR DISCRIMI-
 NATION IN THE SALE OR RENTAL OF REAL PROPERTY OR  AN  INTEREST  IN  REAL
 PROPERTY REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION. SUCH INSTRUCTION
 SHALL  INCLUDE,  BUT  NOT  BE  LIMITED TO, COURSES ON: (1) THE LEGACY OF
 SEGREGATION, UNEQUAL TREATMENT, AND HISTORIC LACK OF ACCESS TO  OPPORTU-
 NITY  IN  HOUSING;  (2) UNEQUAL ACCESS TO AMENITIES AND RESOURCES ON THE
 BASIS OF RACE, DISABILITY,  AND  OTHER  PROTECTED  CHARACTERISTICS;  (3)
 FEDERAL, STATE, AND LOCAL FAIR HOUSING LAWS; AND (4) ANTI-BIAS TRAINING.
   §  2.  Paragraphs  (b)  and (c) of subdivision 1 of section 441 of the
 real property law, as amended by chapter 183 of the laws  of  2006,  are
 amended and a new paragraph (d) is added 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  or  their competency to transact the business of real estate broker
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06385-02-1

 S. 2132--A                          2
 
 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,  A GENERAL AND FAIR UNDERSTANDING OF THE
 LAWS, RULES AND REGULATIONS PERTAINING TO  FAIR  HOUSING  AND  DISCRIMI-
 NATION  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 has attended for at least one hundred
 [twenty] 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  opin-
 ion  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  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.
   (c) In the event the applicant shall be a licensed salesman 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]  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 [twenty] FIFTY-TWO hours required hereunder.
   (D)  THE ONE HUNDRED FIFTY-TWO HOURS OF AN APPROVED REAL ESTATE COURSE
 OR COURSES REQUIRED BY PARAGRAPH (B) OF THIS SUBDIVISION  SHALL  INCLUDE
 INSTRUCTION  ON FAIR HOUSING AND DISCRIMINATION IN THE SALE OR RENTAL OF
 REAL PROPERTY OR AN INTEREST IN REAL PROPERTY AS DESCRIBED IN  PARAGRAPH
 (E) OF SUBDIVISION THREE OF THIS SECTION AND INSTRUCTION ON THE LICENSED
 REAL ESTATE BROKER'S RESPONSIBILITY FOR ENSURING THAT EACH LICENSED REAL
 ESTATE  SALESMAN  UNDER  SUCH BROKER'S SUPERVISION IS IN COMPLIANCE WITH
 HIS OR HER OBLIGATIONS UNDER APPLICABLE FEDERAL, STATE, AND LOCAL  LAWS,
 RULES,  AND REGULATIONS PERTAINING TO FAIR HOUSING AND DISCRIMINATION IN
 THE SALE OR RENTAL OF REAL PROPERTY OR AN INTEREST IN REAL PROPERTY.
   § 3. Paragraphs (b) and (d) of subdivision 1-A of section 441  of  the
 real property law, paragraph (b) as amended by chapter 81 of the laws of
 1995,  and  paragraph (d) as amended by chapter 183 of the laws of 2006,
 are amended to read as follows:
   (b) Each applicant for a salesman'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

 S. 2132--A                          3
 
 examination  and answer such questions as may be prepared by the depart-
 ment to enable it to determine the trustworthiness of the applicant  and
 the  applicant's  competence  to  transact  the  business of real estate
 salesman  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 REGU-
 LATIONS 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 real estate salesman, 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 license or conditional
 license shall be issued by the department unless the application  there-
 for  has  been  accompanied  by proof that prior to such application the
 applicant has attended at least [seventy-five] 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.
   § 4. Paragraph (c) of subdivision 3 of section 441 of the real proper-
 ty  law,  as  amended  by chapter 470 of the laws of 1998, is amended to
 read as follows:
   (c) (I) The secretary of state shall promulgate rules establishing the
 method, content, setting and supervision requirements of the  continuing
 education real estate course or courses provided for in this section. In
 establishing  the  requirements  for  the continuing education course or
 courses, the secretary of state shall permit alternatives  with  respect
 to  content  and  method of presentation in consideration of the type of
 brokerage practiced and the availability of the sources of  such  course
 or  courses  in  different areas of the state. Each course shall have an
 established curriculum composed primarily of real  estate  practice  and
 professional  responsibility  and  ethics  and properly prepared written
 materials of the subject matter which shall be distributed  as  part  of
 the  course.  It  shall  be taught by a qualified faculty with attorneys
 presenting legal subjects. Credit shall be awarded on the basis  of  one
 hour  for  each  sixty minutes of actual attendance and records shall be
 maintained of attendance at each session which shall be  transmitted  to
 the  department  at  the  conclusion  of  the course. 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 licensee for the specified time period.
   (II)  THE  SECRETARY OF STATE SHALL REQUIRE APPROVED FACULTY TO SIGN A
 DOCUMENT UNDER OATH, APPROVED BY AND  SUBMITTED  TO  THE  DEPARTMENT  OF
 STATE, ATTESTING TO COMPLIANCE WITH ALL APPLICABLE STATUTORY AND REGULA-
 TORY  REQUIREMENTS  PERTAINING  TO  THE  INSTRUCTION  OF THE ESTABLISHED
 CURRICULUM. THE SECRETARY OF STATE SHALL PROMULGATE PENALTIES FOR FACUL-

 S. 2132--A                          4
 
 TY THAT FAIL TO MEET THE OBLIGATIONS REQUIRED  UNDER  THIS  SECTION  AND
 DEPARTMENT  OF  STATE  REGULATIONS  INCLUDING,  BUT  NOT LIMITED TO, THE
 TEMPORARY SUSPENSION OF THEIR INSTRUCTOR CERTIFICATE FOR THE FIRST  SUCH
 FAILURE  AND  THE  REVOCATION  OF  THEIR  INSTRUCTOR CERTIFICATE FOR ANY
 SUBSEQUENT FAILURE.
   § 5. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law.