S T A T E O F N E W Y O R K
________________________________________________________________________
2134
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 requiring faculty
to be in compliance with all requirements pertaining to the instruc-
tion of the established curriculum
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (c) of subdivision 3 of section 441 of the real
property 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06383-02-1
S. 2134 2
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-
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.
§ 2. This act shall take effect immediately.