S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2352
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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 require that real estate brokers and salesper-
   sons compile and disclose certain demographic information

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  real property law is amended by adding a new section
 442-m to read as follows:
   § 442-M.  COLLECTION AND DISCLOSURE OF DEMOGRAPHIC  INFORMATION.    1.
 (A) EVERY REAL ESTATE BROKER OR SALESPERSON LICENSED IN THIS STATE SHALL
 REQUEST,  IN  A  MANNER  CONSISTENT  WITH ANY REGULATIONS ADOPTED BY THE
 SECRETARY OF STATE, THE VOLUNTARILY DISCLOSURE OF  DEMOGRAPHIC  INFORMA-
 TION FROM EACH CLIENT OF SUCH BROKER OR SALESPERSON WHO IS A PROSPECTIVE
 HOME  PURCHASER,  INCLUDING THE FULL NAME, RACE, ETHNICITY AND GENDER OF
 EACH SUCH CLIENT, AND OTHER DEMOGRAPHIC INFORMATION AS THE SECRETARY  OF
 STATE  MAY  DETERMINE  IS  NECESSARY,  AND  SHALL RECORD AND RETAIN SUCH
 INFORMATION FOR A PERIOD  OF  TWO  YEARS;  PROVIDED  THAT  THE  CLIENT'S
 PRODUCTION  OF  OR  REFUSAL TO PRODUCE SUCH INFORMATION SHALL NOT AFFECT
 THE PROVISION OF SERVICES TO THE CLIENT.
   (B) FOR EACH SUCH CLIENT, SUCH BROKER OR SALESPERSON SHALL RECORD  THE
 RESULTS  OF  THE SERVICES PROVIDED BY SUCH BROKER OR SALESPERSON IN THIS
 STATE, INCLUDING PROPERTIES LISTED, PROPERTIES SHOWN,  THE  LOCATION  OF
 SUCH  PROPERTIES,  AND  THE  DISPOSITION OF EVERY OFFER RECEIVED BY SUCH
 BROKER WITH RESPECT TO A TRANSACTION, INCLUDING WHETHER  THE  OFFER  WAS
 ACCEPTED  OR  REJECTED  AND WHETHER A CLOSING OCCURRED, AND SHALL RETAIN
 SUCH INFORMATION FOR A PERIOD OF TWO YEARS.
   (C) EVERY SUCH BROKER OR SALESPERSON SHALL  SUBMIT,  OR  CAUSE  TO  BE
 SUBMITTED  THROUGH A BROKERAGE BUSINESS WITH WHICH SUCH BROKER OR SALES-
 PERSON IS ASSOCIATED, A SUMMARY OF THE INFORMATION RECORDED PURSUANT  TO
 THIS  SUBDIVISION  TO  THE DEPARTMENT OF STATE IN A MANNER PRESCRIBED BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06921-01-3
              

 S. 2352                             2
 
 THE SECRETARY OF STATE. SUCH SUBMISSION SHALL BE  DUE  ANNUALLY  BY  THE
 FIRST DAY OF MARCH FOR THE PRECEDING CALENDAR YEAR.
   2.  THE  SECRETARY OF STATE SHALL ESTABLISH AND MAINTAIN A DATABASE OF
 ALL INFORMATION SUBMITTED PURSUANT TO SUBDIVISION ONE  OF  THIS  SECTION
 AND  SHALL MAKE SUCH DATA AVAILABLE TO THE GOVERNOR, THE ATTORNEY GENER-
 AL, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEM-
 BLY UPON REQUEST. ALL SUCH DATA SHALL BE MAINTAINED IN A FORMAT THAT CAN
 BE SEARCHED BY LOCATION, BY REAL ESTATE BROKER OR  SALESPERSON,  AND  BY
 ANY  BROKERAGE  BUSINESS  WITH  WHICH  SUCH BROKER OR SALESPERSON MAY BE
 ASSOCIATED. SUCH DATABASE SHALL NOT BE DISCLOSED  TO  A  MEMBER  OF  THE
 PUBLIC  UNLESS  THE  DATA HAS BEEN ANONYMIZED TO PROTECT THE IDENTITY OF
 THE CLIENTS.
   3. THE SECRETARY OF STATE SHALL ISSUE AN ANNUAL REPORT TO  THE  GOVER-
 NOR,  THE  ATTORNEY  GENERAL, THE TEMPORARY PRESIDENT OF THE SENATE, AND
 THE SPEAKER OF THE ASSEMBLY, AND  MAKE  SUCH  REPORT  AVAILABLE  ON  THE
 PUBLIC  WEBSITE OF THE DEPARTMENT OF STATE, ON THE AGGREGATE DEMOGRAPHIC
 DATA OF CLIENTS AND THE RESULTS OF SERVICES REPORTED PURSUANT TO  SUBDI-
 VISION ONE OF THIS SECTION. SUCH REPORT SHALL BE DUE BY THE FIRST DAY OF
 MAY  OF EACH YEAR AND SHALL COVER CLIENTS SERVED BY BROKERS OR SALESPER-
 SONS DURING THE PRECEDING CALENDAR YEAR AND  ANY  OTHER  INFORMATION  OR
 ANALYSIS  THAT  THE  SECRETARY  OF STATE MAY DETERMINE APPROPRIATE. SUCH
 REPORT SHALL NOT  INCLUDE  THE  IDENTITY  OF  ANY  CLIENT  WITHOUT  SUCH
 CLIENT'S CONSENT.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.