What's happening
This bill designates Kings County as a real estate cease and desist zone and provides an affirmative defense for properties publicly listed for sale.
Why it matters
Expands protections for homeowners in Kings County (Brooklyn) by making it illegal for real estate agents and others to repeatedly solicit property sales in designated areas, addressing concerns about aggressive or predatory real estate practices.
Gives homeowners more control over interactions with real estate professionals, potentially reducing harassment and unwanted pressure—especially important in neighborhoods experiencing rapid development or gentrification.
Introduces an explicit legal safeguard for real estate professionals: if a homeowner has publicly listed their property for sale (such as via advertisements or listings), this can be used as a defense against accusations of violating cease and desist or nonsolicitation rules—clarifying when it is permissible to make contact.
Could slow down speculative buying and displacement in affected communities, while still allowing legitimate sales activity when owners are actively seeking buyers, thus balancing homeowner protection with market function.
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Who cares
Headline styles
Stop Real Estate Cold Calls
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- 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.
Ban Real Estate Solicitation
In Assembly Committee · Judiciary · Sponsor Tremaine Wright
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1253
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
Introduced by Sen. PARKER -- 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 designating the county of Kings a cease and desist zone and establishing an affirmative defense to violations of nonsolicitation orders and cease and desist zones
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The real property law is amended by adding a new section 442-hh to read as follows:
§ 442-hh. Designating the county of Kings a cease and desist zone. Notwithstanding any other law, rule or regulation to the contrary, the county of Kings shall be included on the cease and desist list compiled by the secretary of state pursuant to section four hundred forty-two-h of this article.
§ 2. Section 442-h of the real property law is amended by adding a new subdivision 4 to read as follows:
4. In any action alleging a violation of this section, it shall be an affirmative defense that the owner of residential real property included in a nonsolicitation 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.
§ 3. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to all nonsolicitation orders issued on and after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06113-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the real property law, in relation to designating the county of Kings 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 institute a real estate cease and desist program in Brooklyn with a 5-year active period.
Summary of provisions
Section 1 the real property law is amended by adding a new section 442- hh
§ 2. Section 442-h of the real property law is amended by adding a new subdivision 4
§ 3. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to all non-solicitation orders issued on and after such effective date.
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.
This legislation would designate a real estate cease and desist program in the entire county of Kings to provide homeowners with a means to effectively express their wish not to be solicited by real estate brokers or agents.
Prior legislative history
2018: S9081- referred to Rules
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 and shall apply to all nonsolicitation orders issued on and after such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.