assembly Bill A6186

2021-2022 Legislative Session

Relates 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

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Sponsored By

Current Bill Status Via S2131 - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 07, 2021 returned to senate
passed assembly
ordered to third reading rules cal.447
substituted for a6186
Jun 07, 2021 substituted by s2131a
rules report cal.447
reported
Jun 02, 2021 reported referred to rules
May 26, 2021 reported referred to codes
Mar 10, 2021 referred to judiciary

Votes

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Feb 2, 2021 - Judiciary committee Vote

S2131
13
2
committee
13
Aye
2
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Feb 2, 2021 - Rules committee Vote

S2131A
17
1
committee
17
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

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A6186 (ACTIVE) - Details

See Senate Version of this Bill:
S2131
Law Section:
Real Property Law
Laws Affected:
Amd §§442-h & 441-c, RP L

A6186 (ACTIVE) - Summary

Relates 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; allows for a penalty to be imposed on any broker or salesperson who fails to comply with such standardized operating procedures.

A6186 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6186
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2021
                                ___________
 
 Introduced by M. of A. GRIFFIN, THIELE, AUBRY, GALEF, JACKSON, SILLITTI,
   HUNTER,  ENGLEBRIGHT  --  read  once  and referred to the Committee on
   Judiciary
 
 AN ACT to amend the real property law,  in  relation  to  requiring  the
   secretary  of  state  to  promulgate regulations requiring real estate
   brokers to institute standardized operating procedures for the prereq-
   uisites prospective homebuyers  shall  meet  prior  to  receiving  any
   services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 442-h of the real property law is amended by adding
 a new subdivision 4 to read as follows:
   4. (A) THE SECRETARY OF STATE, UPON NOTICE AND A PUBLIC HEARING, SHALL
 PROMULGATE RULES AND REGULATIONS REQUIRING REAL ESTATE BROKERS TO INSTI-
 TUTE STANDARDIZED OPERATING PROCEDURES FOR THE PREREQUISITES PROSPECTIVE
 HOMEBUYERS MUST MEET PRIOR TO RECEIVING ANY  SERVICES.  SUCH  RULES  AND
 REGULATIONS 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.
   (B)  REAL  ESTATE  BROKERS  SHALL  SUBMIT  SUCH STANDARDIZED OPERATING
 PROCEDURES TO THE DEPARTMENT OF STATE AND THE DEPARTMENT OF STATE  SHALL
 MAINTAIN  A  FILE  OF  SUCH  STANDARDIZED OPERATING PROCEDURES WHILE THE
 BROKER'S LICENSE IS ACTIVE AND FOR AT LEAST FIVE  YEARS  THEREAFTER.  IF
 ANY ALTERATIONS ARE MADE TO THE STANDARDIZED OPERATING PROCEDURES SUBSE-
 QUENT  TO  SUCH  SUBMISSION, REAL ESTATE BROKERS SHALL NOTIFY AND SUBMIT
 SUCH NEW STANDARD OPERATING PROCEDURES WITHIN THIRTY DAYS.   ANY  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06380-03-1