The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  844--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M. of A. JEAN-PIERRE, RAMOS -- read once and referred to
   the Committee on Judiciary -- reported and referred to  the  Committee
   on  Ways  and  Means  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the real property law, in  relation  to  requiring  real
   estate brokers to receive training in cultural competency
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of subdivision 1 of section 441 of  the  real
 property  law, as amended by chapter 183 of the laws of 2006, is amended
 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, HER or their competency to transact the  business  of  real  estate
 broker  in such a manner as to safeguard the interests of the public. In
 determining competency, the department  shall  require  proof  that  the
 person  being  tested  to  qualify to apply for a broker's license has a
 fair knowledge 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, HAS TAKEN A CLASS ON CULTURAL
 COMPETENCY TRAINING, as well as of the provisions of this  section.  The
 applicant  must  also  furnish  proof that he OR SHE has attended for at
 least one hundred twenty hours and has  successfully  completed  a  real
 estate course or courses approved by the secretary of state as to method
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03801-02-1

 A. 844--A                           2
 
 and  content  and  supervision which approval may be withdrawn if in the
 opinion 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.
   § 2. Paragraph (a) of subdivision 3 of section 441 of the real proper-
 ty 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 and one-half
 hours  which  shall  include  AT  LEAST TWO HOURS OF CULTURAL COMPETENCY
 TRAINING, 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 one hour of instruction pertaining
 to the law of agency except in the case of the initial two-year  licens-
 ing  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 with-
 drawn 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 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  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.
   § 3. 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-

 A. 844--A                           3
 
 diately preceding such renewal attended at least twenty-two and one-half
 hours  which  shall  include  AT  LEAST TWO HOURS OF CULTURAL COMPETENCY
 TRAINING, 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 and one-half hours  of  instruc-
 tion  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 stat-
 utes, laws, regulations, 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
 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.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however, that if  chapter  392  of
 the laws of 2019 shall not have taken effect on or before such date then
 section  three of this act shall take effect on the same date and in the
 same manner as such chapter of the laws of 2019 takes effect.