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Assembly Bill A5881A

2025-2026 Legislative Session

Relates to designating the county of Kings a cease and desist zone and establishing an affirmative defense to violations of nonsolicitation orders and cease and desist zones

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Bill Amendments

co-Sponsors

2025-A5881 - Details

See Senate Version of this Bill:
S6135
Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §442-hh, amd §442-h, RP L
Versions Introduced in Other Legislative Sessions:
2017-2018: S9081
2019-2020: S1253
2021-2022: S2913
2023-2024: A9332, S7971

2025-A5881 - Summary

Relates to designating the county of Kings a cease and desist zone; establishes an affirmative defense to violations of nonsolicitation orders and cease and desist zones.

2025-A5881 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5881
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2025
                                ___________
 
 Introduced by M. of A. ZINERMAN -- read once and referred to the Commit-
   tee on Judiciary
 
 AN  ACT  to  amend  the  real property law, in relation to designating a
   cease and desist zone in counties experiencing  significant  displace-
   ment due to gentrification, deed theft, and tax lien foreclosures, and
   establishing  an  affirmative defense to violations of nonsolicitation
   orders and cease and desist zones
 
   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-hh to read as follows:
   § 442-HH. DESIGNATING COUNTIES EXPERIENCING  SIGNIFICANT  DISPLACEMENT
 AS  CEASE AND DESIST ZONES. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGU-
 LATION TO THE CONTRARY, THE SECRETARY OF STATE SHALL IDENTIFY AND DESIG-
 NATE COUNTIES WITH SIGNIFICANT HOMEOWNER DISPLACEMENT DUE TO GENTRIFICA-
 TION, DEED THEFT, AND TAX LIEN FORECLOSURES AS CEASE AND  DESIST  ZONES.
 THE  SECRETARY  OF  STATE  SHALL  COMPILE A LIST OF SUCH COUNTIES, WHICH
 SHALL BE SUBJECT TO PROTECTIONS AGAINST UNSOLICITED REAL  ESTATE  SOLIC-
 ITATIONS  IN  ACCORDANCE  WITH  SECTION FOUR HUNDRED FORTY-TWO-H OF THIS
 ARTICLE.
   § 2. Section 442-h of the real property law is amended by adding a new
 subdivision 5 to read as follows:
   5. IN ANY ACTION ALLEGING A VIOLATION OF THIS SECTION, IT SHALL BE  AN
 AFFIRMATIVE DEFENSE THAT THE OWNER OF RESIDENTIAL REAL PROPERTY INCLUDED
 IN A NONSOLICITATION ORDER OR CEASE AND DESIST ZONE PUBLICIZED THAT SUCH
 PROPERTY  WAS FOR SALE THROUGH MEANS INCLUDING BUT NOT LIMITED TO ADVER-
 TISEMENTS OR REAL ESTATE LISTINGS.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a law and shall apply to all nonsolicitation orders issued
 on and after such effective date.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
 A                                                          LBD09036-02-5

co-Sponsors

2025-A5881A (ACTIVE) - Details

See Senate Version of this Bill:
S6135
Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §442-hh, amd §442-h, RP L
Versions Introduced in Other Legislative Sessions:
2017-2018: S9081
2019-2020: S1253
2021-2022: S2913
2023-2024: A9332, S7971

2025-A5881A (ACTIVE) - Summary

Relates to designating the county of Kings a cease and desist zone; establishes an affirmative defense to violations of nonsolicitation orders and cease and desist zones.

2025-A5881A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5881--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ZINERMAN,  SHIMSKY, HYNDMAN -- read once and
   referred to the Committee on Judiciary -- committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the real property law, in relation  to  designating  the
   county  of  Kings a cease and desist zone and establishing an affirma-
   tive defense to violations of nonsolicitation  orders  and  cease  and
   desist zones
 
   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-hh to read as follows:
   §  442-HH.  DESIGNATING  THE  COUNTY OF KINGS A CEASE AND DESIST ZONE.
 NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRARY,  THE
 COUNTY  OF KINGS SHALL BE INCLUDED ON THE CEASE AND DESIST LIST COMPILED
 BY THE SECRETARY OF STATE PURSUANT TO SECTION FOUR  HUNDRED  FORTY-TWO-H
 OF THIS ARTICLE.
   § 2. Section 442-h of the real property law is amended by adding a new
 subdivision 5 to read as follows:
   5.  IN ANY ACTION ALLEGING A VIOLATION OF THIS SECTION, IT SHALL BE AN
 AFFIRMATIVE DEFENSE THAT THE OWNER OF RESIDENTIAL REAL PROPERTY INCLUDED
 IN A NONSOLICITATION ORDER OR CEASE AND DESIST ZONE PUBLICIZED THAT SUCH
 PROPERTY WAS FOR SALE THROUGH MEANS INCLUDING BUT NOT LIMITED TO  ADVER-
 TISEMENTS OR REAL ESTATE LISTINGS.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall apply to all nonsolicitation  orders  issued
 on and after such effective date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09036-03-5

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