S T A T E O F N E W Y O R K
________________________________________________________________________
5426
2025-2026 Regular Sessions
I N S E N A T E
February 21, 2025
___________
Introduced by Sens. SKOUFIS, HINCHEY, MURRAY -- read twice and ordered
printed, and when printed to be committed to the Committee on Judici-
ary
AN ACT to amend the real property law, in relation to increasing the
period of supervision required for certain real estate license appli-
cations
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 separately amended by sections 6 and 7 of chapter 529
of the laws of 2022, 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
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,
a general and fair understanding of the laws, rules and regulations
pertaining to fair housing and discrimination in the sale or rental of
real property or an interest in real property, as well as of the
provisions of this section. The applicant must also furnish proof that
they have attended for at least one hundred fifty-two hours and has
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09066-01-5
S. 5426 2
successfully completed a real estate course or courses approved by the
secretary of state as to method 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approval may be withdrawn if in the opinion of the secretary of state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 salesperson under the supervision of a licensed real estate
broker for a period of not less than [two] FIVE CONSECUTIVE 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 forego-
ing 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. For purposes of this section, cultural
competency is defined as understanding cultural norms, preferences and
challenges within our diverse communities.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
