Bill Text: NY A09933 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires real estate brokers to receive training in cultural competency; increases the renewal of real estate broker licenses to twenty-four and one-half hours from twenty-two and one-half hours to include two hours of cultural competency training.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-02-27 - referred to judiciary [A09933 Detail]
Download: New_York-2019-A09933-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9933 IN ASSEMBLY February 27, 2020 ___________ Introduced by M. of A. JEAN-PIERRE -- read once and referred to the Committee on Judiciary AN ACT to amend the real property law, in relation to requiring real estate brokers to receiving training in cultural competency The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (b) of subdivision 1 of section 441 of the real 2 property law, as amended by chapter 183 of the laws of 2006, is amended 3 to read as follows: 4 (b) Such further information as the department may reasonably require 5 shall be furnished by the applicant including sufficient proof of having 6 taken and passed a written examination and answered such questions as 7 may be prepared by the department to enable it to determine the trust- 8 worthiness of the applicant if an individual, or of each member of a 9 co-partnership or each member of a limited liability company or each 10 officer of a corporation for whom a license as a broker is asked, and 11 his, her or their competency to transact the business of real estate 12 broker in such a manner as to safeguard the interests of the public. In 13 determining competency, the department shall require proof that the 14 person being tested to qualify to apply for a broker's license has a 15 fair knowledge of the English language, a fair understanding of the 16 general purposes and general legal effect of deeds, mortgages, land 17 contracts of sale, and leases, a general and fair understanding of the 18 obligations between principal and agent, has taken a class on cultural 19 competency training, as well as of the provisions of this section. The 20 applicant must also furnish proof that he or she has attended for at 21 least one hundred twenty hours and has successfully completed a real 22 estate course or courses approved by the secretary of state as to method 23 and content and supervision which approval may be withdrawn if in the 24 opinion of the secretary of state said course or courses are not being 25 conducted properly as to method, content and supervision, and that 26 either the applicant has actively participated in the general real 27 estate brokerage business as a licensed real estate salesman under the 28 supervision of a licensed real estate broker for a period of not less EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15054-01-0A. 9933 2 1 than two years or has had the equivalent experience in general real 2 estate business for a period of at least three years, the nature of 3 which experience shall be established by affidavit duly sworn to under 4 oath and/or other and further proof required by the department of state. 5 Computer-based and distance-learning courses may be approved by the 6 department so long as providers demonstrate the ability to monitor and 7 verify participation by the applicant for the specified time period. 8 Notwithstanding the foregoing authority to approve computer-based and 9 distance-learning courses, the department may prescribe that specified 10 subjects or hours must be presented in a classroom setting. 11 § 2. Paragraph (a) of subdivision 3 of section 441 of the real proper- 12 ty law, as amended by chapter 320 of the laws of 2016, is amended to 13 read as follows: 14 (a) No renewal license shall be issued any licensee under this article 15 for any license period commencing November first, nineteen hundred nine- 16 ty-five unless such licensee shall have within the two year period imme- 17 diately preceding such renewal attended at least [twenty-two] twenty- 18 four and one-half hours which shall include at least two hours of 19 cultural competency training, at least three hours of instruction 20 pertaining to fair housing and/or discrimination in the sale or rental 21 of real property or an interest in real property, at least one hour of 22 instruction pertaining to the law of agency except in the case of the 23 initial two-year licensing term for real estate salespersons, two hours 24 of agency related instruction must be completed, and successfully 25 completed a continuing education real estate course or courses approved 26 by the secretary of state as to method, content and supervision, which 27 approval may be withdrawn if in the opinion of the secretary of state 28 such course or courses are not being conducted properly as to method, 29 content and supervision. For those individuals licensed pursuant to 30 subdivision six of section four hundred forty-two-g of this article, in 31 the individual's initial license term, at least eleven hours of the 32 required twenty-two and one-half hours of continuing education shall be 33 completed during the first year of the term. Of those eleven hours, 34 three hours shall pertain to applicable New York state statutes and 35 regulations governing the practice of real estate brokers and salesper- 36 sons. To establish compliance with the continuing education requirements 37 imposed by this section, licensees shall provide an affidavit, in a form 38 acceptable to the department of state, establishing the nature of the 39 continuing education acquired and shall provide such further proof as 40 required by the department of state. The provisions of this paragraph 41 shall not apply to any licensed real estate broker who is engaged full 42 time in the real estate business and who has been licensed under this 43 article prior to July first, two thousand eight for at least fifteen 44 consecutive years immediately preceding such renewal. 45 § 3. Paragraph (a) of subdivision 3 of section 441 of the real proper- 46 ty law, as amended by chapter 392 of the laws of 2019, is amended to 47 read as follows: 48 (a) No renewal license shall be issued any licensee under this article 49 for any license period commencing November first, nineteen hundred nine- 50 ty-five unless such licensee shall have within the two year period imme- 51 diately preceding such renewal attended at least [twenty-two] twenty- 52 four and one-half hours which shall include at least two hours of 53 cultural competency training, at least three hours of instruction 54 pertaining to fair housing and/or discrimination in the sale or rental 55 of real property or an interest in real property, at least two and one- 56 half hours of instruction pertaining to ethical business practices, atA. 9933 3 1 least one hour of instruction pertaining to recent legal matters govern- 2 ing the practice of real estate brokers and salespersons in New York 3 which may include statutes, laws, regulations, rules, codes, department 4 of state opinions and decisions, and court decisions and at least one 5 hour of instruction pertaining to the law of agency except in the case 6 of the initial two-year licensing term for real estate salespersons, two 7 hours of agency related instruction must be completed, and successfully 8 completed a continuing education real estate course or courses approved 9 by the secretary of state as to method, content and supervision, which 10 approval may be withdrawn if in the opinion of the secretary of state 11 such course or courses are not being conducted properly as to method, 12 content and supervision. For those individuals licensed pursuant to 13 subdivision six of section four hundred forty-two-g of this article, in 14 the individual's initial license term, at least eleven hours of the 15 required twenty-two and one-half hours of continuing education shall be 16 completed during the first year of the term. Of those eleven hours, 17 three hours shall pertain to applicable New York state statutes and 18 regulations governing the practice of real estate brokers and salesper- 19 sons. To establish compliance with the continuing education requirements 20 imposed by this section, licensees shall provide an affidavit, in a form 21 acceptable to the department of state, establishing the nature of the 22 continuing education acquired and shall provide such further proof as 23 required by the department of state. 24 § 4. This act shall take effect on the one hundred twentieth day after 25 it shall have become a law; provided, however, that if chapter 392 of 26 the laws of 2019 shall not have taken effect on or before such date then 27 section three of this act shall take effect on the same date and in the 28 same manner as such chapter of the laws of 2019 takes effect.
