senate Bill S2131

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 - 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 (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 07, 2021 returned to senate
passed assembly
ordered to third reading rules cal.447
substituted for a6186
Feb 08, 2021 referred to judiciary
delivered to assembly
passed senate
Feb 02, 2021 ordered to third reading cal.229
print number 2131a
Feb 02, 2021 amend and recommit to rules
Feb 01, 2021 reported and committed to rules
Jan 19, 2021 referred to judiciary

Votes

view votes

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 Judiciary committee vote details

Judiciary Committee Vote: Feb 2, 2021

nay (2)

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

S2131 - Details

Law Section:
Real Property Law
Laws Affected:
Amd §§442-h & 441-c, RP L

S2131 - 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.

S2131 - Sponsor Memo

S2131 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2131
 
                        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  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 SHALL PROMULGATE RULES  AND  REGULATIONS
 REQUIRING REAL ESTATE BROKERS TO INSTITUTE STANDARDIZED OPERATING PROCE-
 DURES  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 FOR APPROVAL. IF ANY ALTERATIONS
 ARE MADE SUBSEQUENT TO SUCH APPROVAL, REAL ESTATE BROKERS  SHALL  NOTIFY
 AND  SUBMIT  SUCH  NEW STANDARD OPERATING PROCEDURES WITHIN THIRTY DAYS.
 ANY SALESPERSON OPERATING UNDER A BROKERAGE LICENSE THAT FAILS TO ADHERE
 TO SUCH APPROVED OPERATING PROCEDURES SHALL BE SUBJECT TO THE  PENALTIES
 IMPOSED BY SECTION FOUR HUNDRED FORTY-ONE-C OF THIS ARTICLE.
   § 2. Paragraph (a) of subdivision 1 of section 441-c of the real prop-
 erty  law,  as amended by chapter 131 of the laws of 2020, is amended to
 read as follows:
   (a) The department of state may revoke the license of  a  real  estate
 broker  or  salesman or suspend the same, for such period as the depart-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S2131A (ACTIVE) - Details

Law Section:
Real Property Law
Laws Affected:
Amd §§442-h & 441-c, RP L

S2131A (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.

S2131A (ACTIVE) - Sponsor Memo

S2131A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2131--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2021
                                ___________
 
 Introduced  by Sens. SKOUFIS, KAVANAGH, THOMAS -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary  --  reported  favorably  from said committee and committed to the
   Committee on Rules --  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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06380-02-1

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