Bill Text: NY S03839 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires the inclusion of instruction in ethical business practices and recent legal matters in the continuing education requirements for real estate licensees.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2019-10-23 - signed chap.392 [S03839 Detail]

Download: New_York-2019-S03839-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3839
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 19, 2019
                                       ___________
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
        AN ACT to amend the real property law,  in  relation  to  requiring  the
          inclusion  of  instruction  in  ethical  business practices and recent
          legal matters in the continuing education requirements for real estate
          licensees
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph (a) of subdivision 3 of section 441 of the real
     2  property law, as amended by chapter 320 of the laws of 2016, is  amended
     3  to read as follows:
     4    (a) No renewal license shall be issued any licensee under this article
     5  for any license period commencing November first, nineteen hundred nine-
     6  ty-five unless such licensee shall have within the two year period imme-
     7  diately preceding such renewal attended at least twenty-two and one-half
     8  hours which shall include at least three hours of instruction pertaining
     9  to  fair  housing  and/or  discrimination  in the sale or rental of real
    10  property or an interest in real property,  at  least  two  and  one-half
    11  hours  of instruction pertaining to ethical business practices, at least
    12  one hour of instruction pertaining to recent legal matters governing the
    13  practice of real estate brokers and salespersons in New York  which  may
    14  include  statutes,  laws, regulations, rules, codes, department of state
    15  opinions and decisions, and court decisions and at  least  one  hour  of
    16  instruction  pertaining  to  the law of agency except in the case of the
    17  initial two-year licensing term for real estate salespersons, two  hours
    18  of  agency  related  instruction  must  be  completed,  and successfully
    19  completed a continuing education real estate course or courses  approved
    20  by  the  secretary of state as to method, content and supervision, which
    21  approval may be withdrawn if in the opinion of the  secretary  of  state
    22  such  course  or  courses are not being conducted properly as to method,
    23  content and supervision. For  those  individuals  licensed  pursuant  to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10037-01-9
        S. 3839                             2
     1  subdivision  six of section four hundred forty-two-g of this article, in
     2  the individual's initial license term, at  least  eleven  hours  of  the
     3  required  twenty-two and one-half hours of continuing education shall be
     4  completed  during  the  first  year  of the term. Of those eleven hours,
     5  three hours shall pertain to applicable  New  York  state  statutes  and
     6  regulations  governing the practice of real estate brokers and salesper-
     7  sons. To establish compliance with the continuing education requirements
     8  imposed by this section, licensees shall provide an affidavit, in a form
     9  acceptable to the department of state, establishing the  nature  of  the
    10  continuing  education  acquired  and shall provide such further proof as
    11  required by the department of state. [The provisions of  this  paragraph
    12  shall  not  apply to any licensed real estate broker who is engaged full
    13  time in the real estate business and who has been  licensed  under  this
    14  article  prior  to  July  first, two thousand eight for at least fifteen
    15  consecutive years immediately preceding such renewal.]
    16    § 2. This act shall take effect July 1, 2021.