Legislation

Search OpenLegislation Statutes
This entry was published on 2014-10-24
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 442-G
Nonresident licensees
Real Property (RPP) CHAPTER 50, ARTICLE 12-A
§ 442-g. Nonresident licensees. 1. A nonresident of this state may
become a real estate broker or a real estate salesman by conforming to
all of the provisions of this article, except that a nonresident broker
regularly engaged in the real estate business as a vocation who is
licensed and maintains a definite place of business in another state,
which offers the same privileges to the licensed brokers of this state,
shall not be required to maintain a place of business within this state.
Anything to the contrary herein notwithstanding, if any state prohibits
or restricts the right of a resident of this state to become a licensed
nonresident real estate broker or salesman, then the issuance of such a
license to an applicant resident in such state shall be similarly
restricted. The department of state shall recognize the license issued
to a real estate broker or salesman by another state as satisfactorily
qualifying him for license as broker or salesman, as the case may be,
under this section; provided that the laws of the state of which he is a
resident require that applicants for licenses as real estate brokers and
salesmen shall establish their competency by written examinations but
permit licenses to be issued to residents of the State of New York duly
licensed under this article, without examination. If the applicant is a
resident of a state which has not such requirement then the applicant
must meet the examination requirement as provided herein and the
department of state shall issue a license to such nonresident broker or
salesman upon payment of the license fee and the filing by the applicant
with the department of a certified copy of the applicant's license
issued by such other state.

2. Every nonresident applicant shall file with his application or
renewal application an irrevocable consent on a form prescribed by the
department of state submitting himself to the jurisdiction of the courts
of this state and designating the secretary of state of the state of New
York as his agent upon whom may be served any summons, subpoena or other
process against him in any action or special proceeding. Such process
may issue in any court in this state having jurisdiction of the subject
matter, and the process shall set forth that the action or special
proceeding is within the jurisdiction of the court.

3. Service of such process upon the secretary of state shall be made
by personally delivering to and leaving with him or his deputy or with
any person authorized by the secretary of state to receive such service,
at the office of the department of state in the city of Albany,
duplicate copies of such process together with a fee of five dollars if
the action is solely for the recovery of a sum of money not in excess of
two hundred dollars and the process is so endorsed, and a fee of ten
dollars in any other action or proceeding, which fee shall be a taxable
disbursement. If such process is served upon behalf of a county, city,
town or village, or other political subdivision of the state, the fee to
be paid to the secretary of state shall be five dollars, irrespective of
the amount involved or the nature of the action on account of which such
service of process is made. If the cost of registered mail for
transmitting a copy of the process shall exceed two dollars, an
additional fee equal to such excess shall be paid at the time of the
service of such process. Proof of service shall be by affidavit of
compliance with this subdivision filed by or on behalf of the plaintiff
together with the process, within ten days after such service, with the
clerk of the court in which the action or special proceeding is pending.
Service made as provided in this section shall be complete ten days
after such papers are filed with the clerk of the court and shall have
the same force and validity as if served on him personally within the
state and within the territorial jurisdiction of the court from which
the process issues.

4. The secretary of state shall promptly send one of such copies by
registered mail, return receipt requested, to the nonresident broker or
nonresident salesman at the post office address of his main office as
set forth in the last application filed by him.

5. Nothing in this section shall effect the right to serve process in
any other manner permitted by law.

6. Notwithstanding any other provisions of this article, the
department of state shall grant a real estate broker or a real estate
salesman license to an applicant who is a member of the household of a
member of the armed forces of the United States, national guard or
reserves and was a member of such household before such member of the
armed forces relocated to the state who submits satisfactory evidence of
licensure, certification or registration to practice an equivalent
occupation issued by a state, territory, protectorate or dependency of
the United States, provided that such license, certification or
certificate of registration was current and effective within one year of
the date of the individual's application for licensure in New York, was
granted in compliance with standards that are, in the judgment of the
secretary, no less rigorous than those required for licensure in New
York. If such standards for licensure, certification or registration are
deemed by the secretary to be less rigorous than those required for
licensure in New York, the secretary shall permit an applicant to submit
evidence in a form acceptable to the department of state to demonstrate
the applicant's competency and trustworthiness. If such evidence is
sufficient in the judgment of the secretary, the secretary shall grant a
real estate broker or real estate salesperson license.