The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4638
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced by M. of A. SILLITTI -- 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 and salespersons to receive implicit bias  training  as
   part of their license renewal process

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 3 of section 441 of  the  real
 property  law, as amended by chapter 320 of the laws of 2016, is amended
 to read as follows:
   (a) No renewal license shall be issued any licensee under this article
 for any license period commencing November first, nineteen hundred nine-
 ty-five unless such licensee shall have within the two year period imme-
 diately preceding such renewal attended at  least  [twenty-two]  TWENTY-
 FOUR  and  one-half  hours  which  shall include at least three hours of
 instruction pertaining to fair housing and/or discrimination in the sale
 or rental of real property or an interest in real property, AT LEAST TWO
 HOURS OF INSTRUCTION PERTAINING TO IMPLICIT BIAS  AWARENESS  AND  UNDER-
 STANDING,  at  least  one  hour  of instruction pertaining to the law of
 agency except in the case of the initial  two-year  licensing  term  for
 real  estate  salespersons, two hours of agency related instruction must
 be completed, and successfully completed  a  continuing  education  real
 estate  course or courses approved by the secretary of state as to meth-
 od, content and supervision, which approval may be withdrawn if  in  the
 opinion  of  the secretary of state such course or courses are not being
 conducted properly as to method,  content  and  supervision.  For  those
 individuals licensed pursuant to subdivision six of section four hundred
 forty-two-g  of  this article, in the individual's initial license term,
 at least eleven hours of the required [twenty-two] TWENTY-FOUR and  one-
 half  hours  of continuing education shall be completed during the first
 year of the term. Of those eleven hours, three hours  shall  pertain  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04889-01-1

 A. 4638                             2
 
 applicable  New  York state statutes and regulations governing the prac-
 tice of real estate brokers and salespersons.  To  establish  compliance
 with  the  continuing  education  requirements  imposed by this section,
 licensees  shall  provide  an  affidavit,  in  a  form acceptable to the
 department of state, establishing the nature of the continuing education
 acquired and shall provide such further proof as required by the depart-
 ment of state. The provisions of this paragraph shall not apply  to  any
 licensed  real estate broker who is engaged full time in the real estate
 business and who has been licensed under  this  article  prior  to  July
 first,  two  thousand eight for at least fifteen consecutive years imme-
 diately preceding such renewal.    FOR  PURPOSES  OF  THIS  SUBDIVISION,
 "IMPLICIT  BIAS"  SHALL MEAN THE ATTITUDES OR STEREOTYPES THAT AFFECT AN
 INDIVIDUAL'S UNDERSTANDING, ACTIONS  AND  DECISIONS  IN  AN  UNCONSCIOUS
 MANNER.
   § 2. Paragraph (a) of subdivision 3 of section 441 of the real proper-
 ty  law,  as  amended  by chapter 392 of the laws of 2019, is amended to
 read as follows:
   (a) No renewal license shall be issued any licensee under this article
 for any license period commencing November first, nineteen hundred nine-
 ty-five unless such licensee shall have within the two year period imme-
 diately preceding such renewal attended at  least  [twenty-two]  TWENTY-
 FOUR  and  one-half  hours  which  shall include at least three hours of
 instruction pertaining to fair housing and/or discrimination in the sale
 or rental of real property or an interest in real property, AT LEAST TWO
 HOURS OF INSTRUCTION PERTAINING TO IMPLICIT BIAS  AWARENESS  AND  UNDER-
 STANDING,  at  least two and one-half hours of instruction pertaining to
 ethical business practices, at least one hour of instruction  pertaining
 to  recent  legal  matters governing the practice of real estate brokers
 and salespersons in New York which may  include  statutes,  laws,  regu-
 lations,  rules,  codes, department of state opinions and decisions, and
 court decisions and at least one hour of instruction pertaining  to  the
 law  of agency except in the case of the initial two-year licensing term
 for real estate salespersons, two hours of  agency  related  instruction
 must  be  completed,  and  successfully completed a continuing education
 real estate course or courses approved by the secretary of state  as  to
 method,  content  and supervision, which approval may be withdrawn if in
 the opinion of the secretary of state such course  or  courses  are  not
 being  conducted  properly  as  to  method, content and supervision. For
 those individuals licensed pursuant to subdivision six of  section  four
 hundred forty-two-g of this article, in the individual's initial license
 term, at least eleven hours of the required [twenty-two] TWENTY-FOUR and
 one-half  hours  of  continuing  education shall be completed during the
 first year of the term. Of those eleven hours, three hours shall pertain
 to applicable New York state  statutes  and  regulations  governing  the
 practice  of  real estate brokers and salespersons. To establish compli-
 ance with the continuing education requirements imposed by this section,
 licensees shall provide an  affidavit,  in  a  form  acceptable  to  the
 department of state, establishing the nature of the continuing education
 acquired and shall provide such further proof as required by the depart-
 ment  of state.  FOR PURPOSES OF THIS SUBDIVISION, "IMPLICIT BIAS" SHALL
 MEAN THE ATTITUDES OR STEREOTYPES THAT  AFFECT  AN  INDIVIDUAL'S  UNDER-
 STANDING, ACTIONS AND DECISIONS IN AN UNCONSCIOUS MANNER.
   §  3.  This act shall take effect immediately, provided, however, that
 section two of this act shall take effect on the same date  and  in  the
 same  manner  as  section  1  of  chapter 392 of the laws of 2019, takes
 effect.