What's happening
This bill requires the immediate creation of a real estate cease and desist zone covering specific Brooklyn zip codes to protect homeowners from aggressive solicitations.
Why it matters
Targets Predatory Real Estate Tactics. The bill responds to evidence of aggressive, sometimes deceptive, real estate solicitation in rapidly gentrifying Brooklyn neighborhoods, aiming to protect long-time homeowners from being pressured or tricked into selling their properties.
Addresses Deed Theft Concerns. By creating the cease and desist zone, the bill seeks to combat not just nuisance solicitations but also serious issues like deed theft, where homeowners are manipulated into unknowingly signing away ownership of their homes.
Mandates Fast Action and Broad Coverage. Unlike previous rules that required lengthy processes, this bill requires the Secretary of State to establish the new cease and desist zone within 90 days, immediately covering a wide swath of Brooklyn zip codes that are experiencing heightened solicitation pressures.
Sets Long-Term Protections. The cease and desist zone will be in effect for five years, with the possibility of renewal, offering homeowners sustained relief from unwanted solicitations and providing stability in neighborhoods vulnerable to rapid change.
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Who cares
Headline styles
Limit Real Estate Solicitations
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to judiciary
- Delivered to assembly
- Passed senateVote 39–21
- Advanced to third reading
- 2nd report cal.
- 1st report cal.402
- Print number 1256a
- 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.
Stop Real Estate Harassment
In Assembly Committee · Judiciary · Sponsor N. Nick Perry
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1256--A
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
Introduced by Sens. PARKER, PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -recommitted to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to designate certain zip codes as cease and desist zones
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Legislative findings. To curb aggressive real estate solicitation practices, the legislature enabled the secretary of state to create "cease and desist zones" if owners within the zone "are subject to intense and repeated solicitation" to place their property for sale. A homeowner within a cease and desist zone may file a statement with the secretary of state requesting placement on a cease and desist list. No real estate broker, salesperson or other person regularly engaged in the trade or business of buying and selling real estate may solicit a listing from an owner placed on the cease and desist list.
The cease and desist program is a valuable tool for homeowners that are inundated with solicitations for their home, and it has been a proven success in cease and desist zones in the counties of Queens, Bronx and Rockland.
In many neighborhoods in Kings County, long-time homeowners have been the subject of increasingly aggressive real estate solicitation, especially in neighborhoods experiencing rapid gentrification. Solicitors often use shady or illegal tactics to confuse or manipulate homeowners. Many homeowners have also been the victims of deed theft, unknowingly signing away their home and most valuable asset. Unfortunately, existing statutory framework for establishing a cease and desist zone in these neighborhoods is not working fast enough to protect homeowners in Brooklyn.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06112-02-0
S. 1256--A 2
The legislature hereby finds and declares that due to intense and repeated solicitation of owners of residential real property by real estate brokers, real estate salespersons, and other persons regularly engaged in the trade or business of buying and selling real estate, the rapid establishment of a cease and desist zone is necessary in the following zip codes: 11203, 11210, 11212, 11215, 11217, 11218, 11219, 11225, 11226, 11230, 11232, 11234, 11236 and 11238.
§ 2. Notwithstanding any other law, rule or regulation to the contrary, the secretary of state shall establish by rule a cease and desist zone, pursuant to subdivision 3 of section 442-h of the real property law, consisting of the following zip codes within ninety days of the effective date of this act: 11203, 11210, 11212, 11215, 11217, 11218, 11219, 11225, 11226, 11230, 11232, 11234, 11236 and 11238. The rule establishing such cease and desist zone shall be effective for five years, provided the secretary of state may re-adopt the rule to continue the cease and desist zone pursuant to paragraph (c) of subdivision 3 of section 442-h of the real property law.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to designate certain zip codes as 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 certain zip codes in Brooklyn with a 5-year active period.
Summary of provisions
Section 1 Legislative findings.
§ 2. Notwithstanding any other law, rule or regulation to the contrary, the secretary of state shall establish by rule a cease and desist zone, pursuant to subdivision 3 of section 442-h of the real property law, consisting of the following zip codes within ninety days of the effec- tive date of this act: 11203, 11210, 11212, 11215, 11217, 11218, 11219, 11225, 11226, 11230, 11232, 11234, 11236 and 11238.
§ 3. This act shall take effect immediately.
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 1939. 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 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: S9085-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 non-solicitation 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.