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SECTION 441
Application for license
Real Property (RPP) CHAPTER 50, ARTICLE 12-A
§ 441. Application for license. 1. Form. (a) Any person,
copartnership, limited liability company or corporation desiring to act
as a real estate broker or any person desiring to act as a real estate
salesman on or after the first day of October, nineteen hundred
twenty-two, shall file with the department of state at its office in
Albany an application for the kind of license desired, in such form and
detail as such department shall prescribe and conforming to the
requirements of section 3-503 of the general obligations law, setting
forth the following, if the application be for a broker's license:

(i) The name and residence address of the applicant, and if an
individual the name under which he intends to conduct business.

(ii) If the applicant be a copartnership the name and residence
address of each member thereof and the name under which the business is
to be conducted; or, if the applicant be a limited liability company,
the name of the company, and the name and residence of each of its
members; or, if the applicant be a corporation, the name of the
corporation and the name and residence address of each of its officers.

(iii) The place or places, including the city, town or village, with
the street and number, where the business is to be conducted.

(iv) The business or occupation theretofore engaged in by the
applicant, or, if a copartnership, by each member thereof, or, if a
limited liability company, by each member thereof, or, if a corporation,
by each officer thereof, for a period of two years, immediately
preceding the date of such application, setting forth the place or
places where such business or occupation was engaged in and the name or
names of employers, if any.

(v) The form, information and statement required by section 3-503 of
the general obligations law.

(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
trustworthiness 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
his or 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, as well as of the provisions of
this section. The applicant must also furnish proof that he has attended
for at least one hundred twenty hours and has 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 salesman under the
supervision of a licensed real estate broker for a period of not less
than two 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 foregoing 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.

(c) In the event the applicant shall be a licensed salesman under this
article and shall have submitted acceptable proof pursuant to the
provisions of either paragraph (d) of subdivision one-A of this section
or paragraph (a) of subdivision three of this section of having attended
and successfully completed seventy-five hours of an approved real estate
course or courses within eight years of the date of the application, the
department may accept and credit same against the one hundred twenty
hours required hereunder.

1-A. (a) Every application for a real estate salesman's license shall
set forth:

(i) The name and residence address of the applicant.

(ii) The name and principal business address of the broker with whom
he is to be associated.

(iii) The business or occupation engaged in for the two years
immediately preceding the date of the application, setting forth the
place or places where such business or occupation was engaged in, and
the name or names of employers if any.

(iv) The length of time he has been engaged in the real estate
business.

(v) The form, information and statement required by section 3-503 of
the general obligations law.

(b) Each applicant for a salesman's license shall provide such further
information as the department may reasonably require, appearing at such
time and place as may be designated by the department, to take a written
examination and answer such questions as may be prepared by the
department to enable it to determine the trustworthiness of the
applicant and the applicant's competence to transact the business of
real estate salesman in such a manner as to safeguard the interests of
the public, including the applicant's working knowledge of the basic
concepts of law pertaining to contracts, real property, agency and this
article which govern conduct of such business, mastery of basic skills
needed to perform the applicant's duties, working knowledge of the
ethical obligations of a real estate salesman, and knowledge of the
provisions of the general obligations law pertaining to performance of
the applicant's duties.

(c) Each application for either a broker's or salesman's license under
this article shall be subscribed by the applicant; or if made by a
co-partnership it shall be subscribed by a member thereof, or if made by
a corporation it shall be subscribed by an officer thereof, and shall
conform to the requirements of section 3-503 of the general obligations
law. Each application shall contain an affirmation by the person so
subscribing that the statements therein are true under the penalties of
perjury. An application for a license shall be accompanied by the
appropriate license fee, as hereinafter prescribed in this article.

(d) Anything to the contrary herein notwithstanding, on and after the
effective date of this paragraph, no salesman's license or conditional
license shall be issued by the department unless the application
therefor has been accompanied by proof that prior to such application
the applicant has attended at least seventy-five hours and 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 properly conducted as to method, content and
supervision. 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 foregoing 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.

2. Renewals. Any license granted under the provision hereof may be
renewed by the department upon application therefor by the holder
thereof, in such form as the department may prescribe and conforming to
the requirements of section 3-503 of the general obligations law, and
payment of the fee for such license. In case of application for renewal
of license, the department may dispense with the requirement of such
statements as it deems unnecessary in view of those contained in the
original application for license but may not dispense with the
requirements of section 3-503 of the general obligations law. A renewal
period within the meaning of this act is considered as being a period of
two years from the date of expiration of a previously issued license.
The department shall require any applicant, who does not apply for
renewal of license within such period, to qualify by passing the written
examination as provided herein, and may require any licensee who has not
yet passed the written examination, and who cannot reasonably prove to
the satisfaction of the department, that he can meet the competency
requirements, to pass the written examination before a renewal of
license shall be granted; provided, however, that a person who failed or
was unable to renew his license by reason of his induction or enlistment
in the armed forces of the United States shall not be required to take
or pass such examination.

3. (a) No renewal license shall be issued any licensee under this
article for any license period commencing November first, nineteen
hundred ninety-five unless such licensee shall have within the two year
period immediately preceding such renewal attended at least twenty-two
and one-half hours which shall include at least three hours of
instruction pertaining to fair housing and/or discrimination in the sale
or rental of real property or an interest in real property, at least two
and one-half hours of instruction pertaining to ethical business
practices, at least one hour of instruction pertaining to recent legal
matters governing the practice of real estate brokers and salespersons
in New York which may include statutes, laws, regulations, rules, codes,
department of state opinions and decisions, and court decisions and at
least one hour of instruction pertaining to the law of agency except in
the case of the initial two-year licensing term for real estate
salespersons, two hours of agency related instruction must be completed,
and successfully completed a continuing education real estate course or
courses approved by the secretary of state as to method, content and
supervision, which approval may be withdrawn if in the opinion of the
secretary of state such course or courses are not being conducted
properly as to method, content and supervision. For those individuals
licensed pursuant to subdivision six of section four hundred forty-two-g
of this article, in the individual's initial license term, at least
eleven hours of the required twenty-two and one-half hours of continuing
education shall be completed during the first year of the term. Of those
eleven hours, three hours shall pertain to applicable New York state
statutes and regulations governing the practice of real estate brokers
and salespersons. To establish compliance with the continuing education
requirements imposed by this section, licensees shall provide an
affidavit, in a form acceptable to the department of state, establishing
the nature of the continuing education acquired and shall provide such
further proof as required by the department of state.

(b) Notwithstanding the provisions of section four hundred one of the
state administrative procedure act, except as provided in this
paragraph, no license issued under this article shall continue in effect
beyond the period for which it is issued if the proof of attendance
required hereunder is not submitted and accepted prior to such
expiration date. The department in its discretion may however issue a
temporary renewal license for such period of time it deems appropriate
to permit the submission of the required proof of attendance when the
failure to submit such proof is not due to the fault of the licensee.

(c) The secretary of state shall promulgate rules establishing the
method, content, setting and supervision requirements of the continuing
education real estate course or courses provided for in this section. In
establishing the requirements for the continuing education course or
courses, the secretary of state shall permit alternatives with respect
to content and method of presentation in consideration of the type of
brokerage practiced and the availability of the sources of such course
or courses in different areas of the state. Each course shall have an
established curriculum composed primarily of real estate practice and
professional responsibility and ethics and properly prepared written
materials of the subject matter which shall be distributed as part of
the course. It shall be taught by a qualified faculty with attorneys
presenting legal subjects. Credit shall be awarded on the basis of one
hour for each sixty minutes of actual attendance and records shall be
maintained of attendance at each session which shall be transmitted to
the department at the conclusion of the course. 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 licensee for the specified time period.

(d) The state real estate board, created pursuant to section four
hundred forty-two-i of this article, shall not have the power to
promulgate any rule, regulation or guidance requiring continuing
education for real estate brokers or salespeople except those
requirements set forth in subdivisions two and three of section four
hundred forty-two-k of this article.

4. The fees provided for by this section shall not be refundable.