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Sponsors
1 Co-sponsor
History
- Committee discharged and committed to rules
- Print number 1379a
- Amend (t) and recommit to judiciary
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to designating the county of Queens a cease and desist zone and extending non-solicitation orders to five year periods
In Assembly Committee · Judiciary · Sponsor David Weprin
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the real property law, in relation to designating the county of Queens a cease and desist zone and establishing an affirmative defense to violations of nonsolicitation orders and cease and desist zones
Purpose or general idea of bill
The purpose of the bill is to reinstitute a real estate cease and desist program in Queens and to extend the current 5-year active period to 10 years.
Summary of provisions
Section 1 of the bill amends section 442 of the real property law by adding a new section 442-hh to designate the county of Queens a cease and desist zone. It requires the county of Queens be included on the cease and desist list compiled by the secretary of state pursuant to section 442-h.
Section 2 of the bill amends section 442-h of the real property law by extending the current 5-year effective period for non-solicitation rule to 10 years.
Section 3 of the bill amends section 442-h of the real property law by adding a new subdivision 4 to create an affirmative defense in cases where the owner of real property included in a non-solicitation order or cease and desist zone publicized that such property was for sale through means including but not limited to advertisements or real estate listings.
Section 4 of the bill provides for this act to take effect on the thirtieth day after it becomes a law.
Justification
In order to curb aggressive real estate solicitation practices, the State legislature designated the entire County of Queens a "cease and desist zone" in 1989. This law allowed homeowners in Queens to place their names and addresses on a cease and desist list, providing them a choice to opt out of receiving unwanted real estate solicitation at their homes. However, in 2009, this vital program was cut back significantly, leaving only a few neighborhoods eligible for this protection from repeated unwanted real estate solicitations.
This legislation restores the real estate cease and desist program in the entire county of Queens to provide homeowners with a means to effectively express their wish not to be solicited by real estate brokers or agents. In addition to restoring the cease and desist zone in Queens, the legislation extends the current 5-year effective period for non-solicitation rule to ten years, allowing the cease and desist zone to be effective for 10 years.
Prior legislative history
None
Fiscal implications for state and local government
None known.
Effective date
This act shall take effect on the thirtieth day after it becomes a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.