NY State Senate Bill S2929B

Archive: Last Bill Status - 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 (22)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 07, 2021	signed chap.581
Oct 27, 2021	delivered to governor
Jun 10, 2021	returned to senate passed assembly ordered to third reading rules cal.791 substituted for a6375a referred to ways and means returned to assembly repassed senate
Jun 07, 2021	amended on third reading 2929b
Jun 07, 2021	vote reconsidered - restored to third reading returned to senate recalled from assembly
Mar 31, 2021	referred to judiciary delivered to assembly passed senate
Mar 11, 2021	advanced to third reading
Mar 10, 2021	2nd report cal.
Mar 09, 2021	1st report cal.526
Feb 25, 2021	print number 2929a
Feb 25, 2021	amend (t) and recommit to judiciary
Jan 26, 2021	referred to judiciary

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S2929 - Details

See Assembly Version of this Bill:: A6375
Law Section:: Real Property
Versions Introduced in Other Legislative Sessions:: 2017-2018: S9085
2019-2020: S1256

S2929 - Summary

Relates to designating certain zip codes as cease and desist zones; directs the secretary of state to designate certain zip codes in Brooklyn as cease and desist zones.

S2929 - Sponsor Memo

 
BILL NUMBER: S2929

SPONSOR: PARKER
 
TITLE OF BILL:

An act to designate certain zip codes as cease and desist zones

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to institute a real estate cease and desist
program in certain zip codes in Brooklyn with a 5-year active period.

 
SUMMARY OF PROVISIONS:

Section 1 Legislative findings.

§ 2. Notwithstanding any other law, rule or regulation to the contrary,
the secretary of state shall establish by rule a cease and desist zone,
pursuant to subdivision 3 of section 442-h of the real property law,
consisting of the following zip codes within ninety days of the effec-
tive date of this act: 11203, 11210, 11212, 11215, 11217, 11218, 11219,

11225, 11226, 11230, 11232, 11234, 11236 and 11238.

§ 3. This act shall take effect immediately.

 
JUSTIFICATION:

In order to curb aggressive real estate solicitation practices, the
State legislature designated the entire County of Queens a "cease and
desist zone" in 1939. This law allowed homeowners in Queens to place
their names and addresses on a cease and desist list, providing them
with a choice to opt out of receiving unwanted real estate solicitation
at their homes.

This legislation would designate a real estate cease and desist program
in the county of Kings to provide homeowners with a means to effectively
express their-wish not to be solicited by real estate brokers or agents.

 
PRIOR LEGISLATIVE HISTORY:

2019/20: S12456A- Passed Senate
2018: S9085-Referred to Rules

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

None known.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it becomes a law
and shall apply to all non-solicitation orders issued on and after such
effective date.

S2929 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2929
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER,  MYRIE, PERSAUD -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary
 
 AN ACT to designate certain zip codes as cease and desist zones
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.   Legislative findings.  To  curb  aggressive  real  estate
 solicitation  practices,  the legislature enabled the secretary of state
 to create "cease and desist  zones"  if  owners  within  the  zone  "are
 subject  to  intense  and repeated solicitation" to place their property
 for sale. A homeowner within a cease and desist zone may file  a  state-
 ment  with  the  secretary  of state requesting placement on a cease and
 desist list. No real estate broker, salesperson or other person regular-
 ly engaged in the trade or business of buying and  selling  real  estate
 may solicit a listing from an owner placed on the cease and desist list.
   The  cease  and  desist program is a valuable tool for homeowners that
 are inundated with solicitations for their home, and it has been a prov-
 en success in cease and desist zones in the counties  of  Queens,  Bronx
 and Rockland.
   In  many neighborhoods in Kings County, long-time homeowners have been
 the subject of increasingly aggressive real estate  solicitation,  espe-
 cially  in  neighborhoods experiencing rapid gentrification.  Solicitors
 often use shady or illegal tactics to confuse or manipulate  homeowners.
 Many  homeowners  have  also been the victims of deed theft, unknowingly
 signing away their home and most valuable asset. Unfortunately, existing
 statutory framework for establishing a cease and desist  zone  in  these
 neighborhoods is not working fast enough to protect homeowners in Brook-
 lyn.
   The  legislature  hereby  finds  and  declares that due to intense and
 repeated solicitation of owners of residential  real  property  by  real
 estate  brokers,  real  estate salespersons, and other persons regularly
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05476-01-1

 S. 2929                             2
 
 engaged in the trade or business of buying and selling real estate,  the
 rapid  establishment  of  a  cease  and  desist zone is necessary in the
 following zip codes: 11203, 11210, 11212, 11215,  11217,  11218,  11219,
 11225, 11226, 11230, 11232, 11234, 11236 and 11238.
   § 2.  Notwithstanding any other law, rule or regulation to the contra-
 ry,  the  secretary  of state shall establish by rule a cease and desist
 zone, pursuant to subdivision 3 of section 442-h of  the  real  property
 law,  consisting  of  the  following zip codes within ninety days of the
 effective date of this act: 11203, 11210, 11212,  11215,  11217,  11218,
 11219,  11225,  11226,  11230,  11232,  11234, 11236 and 11238. The rule
 establishing such cease and desist zone  shall  be  effective  for  five
 years, provided the secretary of state may re-adopt the rule to continue
 the  cease and desist zone pursuant to paragraph (c) of subdivision 3 of
 section 442-h of the real property law.
   § 3. This act shall take effect immediately.

Co-Sponsors

S2929A - Details

See Assembly Version of this Bill:: A6375
Law Section:: Real Property
Versions Introduced in Other Legislative Sessions:: 2017-2018: S9085
2019-2020: S1256

S2929A - Summary

Relates to designating certain zip codes as cease and desist zones; directs the secretary of state to designate certain zip codes in Brooklyn as cease and desist zones.

S2929A - Sponsor Memo

 
BILL NUMBER: S2929A

SPONSOR: PARKER
 
TITLE OF BILL:

An act in relation to designating Kings County as a cease and desist
zone

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to institute a real estate cease and desist
program in Brooklyn with a 5-year active period.

 
SUMMARY OF PROVISIONS:

Section 1 Legislative findings.

§ 2. The Secretary of State Shall conduct a public hearing and reason-
able investigation of intense and repeated solicitation of owners of
residential real property in the county of kings. If the

Secretary of State finds evidence of intense and repeated solicitation,
she shall establish a cease and desist zone.

§ 3. If the Secretary of State does not establish a cease and desist
zone within one year, she shall provide a detailed report of the public
hearing and investigation.

§ 4. This act shall take effect immediately.

 
JUSTIFICATION:

In order to curb aggressive real estate solicitation practices, the
State legislature designated the entire County of Queens a "cease and
desist zone" in 1939. This law allowed homeowners in Queens to place
their names and addresses on a cease and desist list, providing them
with a choice to opt out of receiving unwanted real estate solicitation
at their homes. This legislation would provide homeowners with a means
to effectively express their-wish not to be solicited by real estate
brokers or agents.

 
PRIOR LEGISLATIVE HISTORY:

2019/20: S12456A- Passed Senate 2018: S9085-Referred to Rules

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

None known.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it becomes a law
and shall apply to all non-solicitation orders issued on and after such
effective date.

S2929A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2929--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER,  MYRIE, PERSAUD -- 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 in relation to designating Kings County as  a  cease  and  desist
   zone

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.   Legislative findings.  To  curb  aggressive  real  estate
 solicitation  practices,  the legislature enabled the secretary of state
 to create "cease and desist  zones"  if  owners  within  the  zone  "are
 subject  to  intense  and repeated solicitation" to place their property
 for sale. A homeowner within a cease and desist zone may file  a  state-
 ment  with  the  secretary  of state requesting placement on a cease and
 desist list. No real estate broker, salesperson or other person regular-
 ly engaged in the trade or business of buying and  selling  real  estate
 may solicit a listing from an owner placed on the cease and desist list.
   The  cease  and  desist program is a valuable tool for homeowners that
 are inundated with solicitations for their home, and it has been a prov-
 en success in cease and desist zones in the counties  of  Queens,  Bronx
 and Rockland.
   In  many neighborhoods in Kings County, long-time homeowners have been
 the subject of increasingly aggressive real estate  solicitation,  espe-
 cially  in  neighborhoods experiencing rapid gentrification.  Solicitors
 often use shady or illegal tactics to confuse or manipulate  homeowners.
 Many  homeowners  have  also been the victims of deed theft, unknowingly
 signing away their home and most valuable asset. Unfortunately, existing
 statutory framework for establishing a cease and desist  zone  in  these
 neighborhoods is not working fast enough to protect homeowners in Brook-
 lyn.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05476-04-1

 S. 2929--A                          2
 
   The  legislature  hereby  finds  and  declares that due to intense and
 repeated solicitation of owners of residential  real  property  by  real
 estate  brokers,  real  estate salespersons, and other persons regularly
 engaged in the trade or business of buying and selling real estate,  the
 rapid  establishment  of  a  cease and desist zone is necessary in Kings
 County.
   § 2.  Notwithstanding any other law, rule or regulation to the contra-
 ry, in accordance with section 442-h  of  the  real  property  law,  the
 secretary  of state shall conduct a public hearing and reasonable inves-
 tigation of intense and repeated solicitation of owners  of  residential
 real property in the county of Kings within ninety days of the effective
 date of this act.  If, after such public hearing and reasonable investi-
 gation,  the  secretary  of  state finds that owners of residential real
 property within the county of Kings,  or  any  defined  geographic  area
 therein  are  subject to, or have been subjected to intense and repeated
 solicitations by real estate brokers, salespersons, or others  to  place
 their  property  for sale with such real estate brokers or salespersons,
 or otherwise to sell their property, the secretary of state shall  adopt
 a  rule  in  accordance  with subdivision 3 of section 442-h of the real
 property law establishing a cease and desist  zone  for  the  county  of
 Kings,  or any defined geographic areas therein subjected to intense and
 repeated solicitations. The rule establishing such cease and desist zone
 shall be effective for five years, provided the secretary of  state  may
 re-adopt  the  rule  to  continue  the cease and desist zone pursuant to
 paragraph (c) of subdivision 3 of section 442-h  of  the  real  property
 law.
   §  3. If, within one year of this act, the secretary of state does not
 establish a cease and desist zone in the county of Kings, the  secretary
 of  state shall prepare and submit to the governor, the temporary presi-
 dent of the senate, the speaker of the assembly, the minority leader  of
 the  senate  and the minority leader of the assembly a report containing
 the detailed findings of the public hearing and investigation.
   § 4. This act shall take effect immediately.

Co-Sponsors

S2929B (ACTIVE) - Details

See Assembly Version of this Bill:: A6375
Law Section:: Real Property
Versions Introduced in Other Legislative Sessions:: 2017-2018: S9085
2019-2020: S1256

S2929B (ACTIVE) - Summary

Relates to designating certain zip codes as cease and desist zones; directs the secretary of state to designate certain zip codes in Brooklyn as cease and desist zones.

S2929B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2929B

SPONSOR: PARKER
 
TITLE OF BILL:

An act in relation to designating Kings County as a cease and desist
zone

 
PURPOSE:

The purpose of the bill is to institute a real estate cease and desist
program in Brooklyn with a 5-year active period.

 
SUMMARY OF PROVISIONS:

Section one of the bill provides the legislative findings.

Section two of the bill requires the secretary of state to conduct a
public hearing and reasonable investigation of intense and repeated
solicitation of owners of residential real property in the county of
kings. If the secretary of state finds evidence of intense and repeated

solicitation, the secretary of state shall establish a cease and desist
zone.

Section three of the bill requires the secretary of state to provide a
detailed report of the public hearing and investigation if the secretary
of state does not establish a cease and desist zone within one year.

Section four of the bill provides the effective date.

 
JUSTIFICATION:

In order to curb aggressive real estate solicitation practices, the
state legislature designated the entire County of Queens a "cease and
desist zone" in 1939.This law allowed homeowners in Queens to place
their names and addresses on a cease and desist list, providing them
with a choice to opt out of receiving unwanted real estate solicitation
at their homes.This legislation would provide homeowners with a means to
effectively express their wish not to be solicited by real estate
brokers or agents.

 
PRIOR LEGISLATIVE HISTORY:

2020: S.1256-A/ A.6786-A - Passed Senate / Referred to Judiciary
2019: S.1256-A/ A.6786-A - Judiciary / Referred to Judiciary
2018: S.9085 - Referred to Rules

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

S2929B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2929--B
     Cal. No. 526
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER,  MYRIE, PERSAUD -- 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 -- reported  favorably  from
   said committee, ordered to first and second report, ordered to a third
   reading,  passed  by  Senate  and delivered to the Assembly, recalled,
   vote reconsidered, restored to  third  reading,  amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 AN  ACT  in  relation  to designating Kings County as a cease and desist
   zone
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Legislative  findings.  To  curb aggressive real estate
 solicitation practices, the legislature enabled the secretary  of  state
 to  create  "cease  and  desist  zones"  if  owners within the zone "are
 subject to intense and repeated solicitation" to  place  their  property
 for  sale.  A homeowner within a cease and desist zone may file a state-
 ment with the secretary of state requesting placement  on  a  cease  and
 desist list. No real estate broker, salesperson or other person regular-
 ly  engaged  in  the trade or business of buying and selling real estate
 may solicit a listing from an owner placed on the cease and desist list.
   The cease and desist program is a valuable tool  for  homeowners  that
 are inundated with solicitations for their home, and it has been a prov-
 en  success  in  cease and desist zones in the counties of Queens, Bronx
 and Rockland.
   In many neighborhoods in Kings County, long-time homeowners have  been
 the  subject  of increasingly aggressive real estate solicitation, espe-
 cially in neighborhoods experiencing rapid gentrification.    Solicitors
 often  use shady or illegal tactics to confuse or manipulate homeowners.
 Many homeowners have also been the victims of  deed  theft,  unknowingly
 signing away their home and most valuable asset. Unfortunately, existing
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05476-07-1

 S. 2929--B                          2
 
 statutory  framework  for  establishing a cease and desist zone in these
 neighborhoods is not working fast enough to protect homeowners in Brook-
 lyn.
   The  legislature  hereby  finds  and  declares that due to intense and
 repeated solicitation of owners of residential  real  property  by  real
 estate  brokers,  real  estate salespersons, and other persons regularly
 engaged in the trade or business of buying and selling real estate,  the
 rapid  establishment  of  a  cease and desist zone is necessary in Kings
 County.
   § 2.  Notwithstanding any other law, rule or regulation to the contra-
 ry, in accordance with section 442-h  of  the  real  property  law,  the
 secretary  of state shall conduct a public hearing and reasonable inves-
 tigation of intense and repeated solicitation of owners  of  residential
 real property in the county of Kings within ninety days of the effective
 date of this act.  If, after such public hearing and reasonable investi-
 gation,  the  secretary  of  state finds that owners of residential real
 property within the county of Kings,  or  any  defined  geographic  area
 therein are subject to intense and repeated solicitations by real estate
 brokers and salespersons to place their property for sale with such real
 estate brokers or salespersons, or otherwise to sell their property, the
 secretary  of  state shall adopt a rule in accordance with subdivision 3
 of section 442-h of the real  property  law  establishing  a  cease  and
 desist  zone  for  the  county of Kings, or any defined geographic areas
 therein subjected to such intense and repeated solicitations.  The  rule
 establishing  such  cease  and  desist zone shall be effective for up to
 five years, provided the secretary of state may  re-adopt  the  rule  to
 continue the cease and desist zone pursuant to paragraph (c) of subdivi-
 sion 3 of section 442-h of the real property law.
   §  3. If, within one year of this act, the secretary of state does not
 establish a cease and desist zone in the county of Kings, the  secretary
 of  state shall prepare and submit to the governor, the temporary presi-
 dent of the senate, the speaker of the assembly, the minority leader  of
 the  senate  and the minority leader of the assembly a report containing
 the detailed findings of the public hearing and investigation.
   § 4. This act shall take effect immediately.

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The New York State Senate

senate Bill S2929B

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 10, 2021 - floor Vote

Floor Vote: Jun 10, 2021

Mar 31, 2021 - floor Vote

Floor Vote: Mar 31, 2021

Mar 9, 2021 - Judiciary committee Vote

Committee Vote: Mar 9, 2021

Bill Amendments

Co-Sponsors

S2929 - Details

S2929 - Summary

S2929 - Sponsor Memo

S2929 - Bill Text download pdf

Co-Sponsors

S2929A - Details

S2929A - Summary

S2929A - Sponsor Memo

S2929A - Bill Text download pdf

Co-Sponsors

S2929B (ACTIVE) - Details

S2929B (ACTIVE) - Summary

S2929B (ACTIVE) - Sponsor Memo

S2929B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2929B

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 10, 2021 - floor Vote

Floor Vote: Jun 10, 2021

Mar 31, 2021 - floor Vote

Floor Vote: Mar 31, 2021

Mar 9, 2021 - Judiciary committee Vote

Committee Vote: Mar 9, 2021

Bill Amendments

Co-Sponsors

S2929 - Details

S2929 - Summary

S2929 - Sponsor Memo

S2929 - Bill Text download pdf

Co-Sponsors

S2929A - Details

S2929A - Summary

S2929A - Sponsor Memo

S2929A - Bill Text download pdf

Co-Sponsors

S2929B (ACTIVE) - Details

S2929B (ACTIVE) - Summary

S2929B (ACTIVE) - Sponsor Memo

S2929B (ACTIVE) - Bill Text download pdf

Comments