|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 05, 2022||referred to judiciary|
|Jan 20, 2021||referred to judiciary|
senate Bill S2156
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2156 (ACTIVE) - Details
S2156 (ACTIVE) - Summary
Codifies the duty of real estate brokers to supervise salesmen and associate brokers through regular, frequent and consistent personal guidance, instruction and oversight; lists elements of supervision including the ability to familiarize salesmen with state and federal laws against discrimination.
S2156 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2156 SPONSOR: THOMAS TITLE OF BILL: An act to amend the real property law, in relation to the duty of a licensed real estate broker to supervise real estate salesmen PURPOSE OR GENERAL IDEA OF BILL: To provide clear standards about what the state expects for adequate and reasonable supervision over real estate agents by real estate brokers. SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill amends real property law section 442-c. The section codifies Department of State regulations stating that real estate brokers have a duty to supervise real estate salesmen and associ- ate real estate brokers through regular, frequent and consistent personal guidance, instruction, and oversight. The section expands on the Department's regulations by requiring that broker supervision be
S2156 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2156 2021-2022 Regular Sessions I N S E N A T E January 20, 2021 ___________ Introduced by Sen. THOMAS -- 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 the duty of a licensed real estate broker to supervise real estate salesmen THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 442-c of the real property law, as amended by chap- ter 699 of the laws of 1988, is amended to read as follows: § 442-c. Violations by salesmen; DUTY TO SUPERVISE; broker's responsi- bility. 1. A LICENSED REAL ESTATE BROKER SHALL HAVE A DUTY TO EXERCISE REASONABLE AND ADEQUATE SUPERVISION OVER REAL ESTATE SALESMEN AND ASSO- CIATE REAL ESTATE BROKERS THROUGH REGULAR, FREQUENT AND CONSISTENT PERSONAL GUIDANCE, INSTRUCTION AND OVERSIGHT. REASONABLE AND ADEQUATE SUPERVISION SHALL ALSO BE DETERMINED BY: THE AVAILABILITY OF THE SUPER- VISING BROKER TO ALL SALESMEN AND ASSOCIATE BROKERS UNDER THE SUPER- VISION OF THE BROKER TO REVIEW AND APPROVE ALL DOCUMENTS; THE DISTANCE BETWEEN THE SUPERVISING BROKER'S MAIN LOCATION AND ALL BRANCH OFFICES WITH SALESMEN AND ASSOCIATE BROKERS THE SUPERVISING BROKER OVERSEES; AND THE ABILITY OF THE BROKER TO FAMILIARIZE SALESMEN AND ASSOCIATE BROKERS WITH THE REQUIREMENTS OF FEDERAL AND STATE LAW GOVERNING REAL ESTATE TRANSACTIONS, INCLUDING, WITHOUT LIMITATION, PROHIBITIONS AGAINST DISCRIMINATION. 2. No violation of a provision of this article by a real estate sales- man or employee of a real estate broker shall be deemed to be cause for the revocation or suspension of the license of the broker, unless it shall appear that the broker had actual knowledge of such violation, OR FAILED TO EXERCISE REASONABLE AND ADEQUATE SUPERVISION OVER THE REAL ESTATE SALESMAN OR ASSOCIATE BROKER or retains the benefits, profits or proceeds of a transaction wrongfully negotiated by his salesman, ASSOCI- ATE BROKER or employee after notice of the salesman's, ASSOCIATE BROKER'S or employee's misconduct. A broker shall be guilty of a misde- meanor for having any salesman associated with his firm who has not secured the required license authorizing such employment. § 2. This act shall take effect immediately.
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