What's happening
This bill adds requirements for real estate licensees to complete continuing education in ethical business practices and recent legal matters.
Why it matters
Mandates dedicated training in ethical business practices and updates on recent legal changes. , aiming to ensure licensees are up-to-date on both professional conduct and the evolving legal landscape—potentially reducing unethical behavior and legal violations in real estate transactions.
Targets all renewing real estate licensees by removing the longstanding exemption for veteran brokers (those licensed before July 1, 2008, with 15+ years of experience). , ensuring that even the most experienced professionals receive ongoing, standardized education.
May increase consumer confidence in real estate professionals. by promoting higher and more consistent standards of knowledge and ethics, potentially reducing disputes, discrimination, and misrepresentation in the industry.
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Who cares
Headline styles
Teach Ethics to Realtors
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Substituted by A6082
- Advanced to third reading
- 2nd report cal.
- 1st report cal.306
- 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.
Teach Ethics to Realtors
Signed by Governor · Sponsor Jeffrey Dinowitz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 3 of section 441 of the real property law, as amended by chapter 320 of the laws of 2016, is amended to read as follows:
(a) No renewal license shall be issued any licensee under this article for any license period commencing November first, nineteen hundred ninety-five unless such licensee shall have within the two year period immediately preceding such renewal attended at least twenty-two and one-half hours which shall include at least three hours of instruction pertaining to fair housing and/or discrimination in the sale or rental of real property or an interest in real property, at least two and one-half hours of instruction pertaining to ethical business practices, at least one hour of instruction pertaining to recent legal matters governing the practice of real estate brokers and salespersons in New York which may include statutes, laws, regulations, rules, codes, department of state opinions and decisions, and court decisions and at least one hour of instruction pertaining to the law of agency except in the case of the initial two-year licensing term for real estate salespersons, two hours of agency related instruction must be completed, and successfully completed a continuing education real estate course or courses approved by the secretary of state as to method, content and supervision, which approval may be withdrawn if in the opinion of the secretary of state such course or courses are not being conducted properly as to method, 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
subdivision six of section four hundred forty-two-g of this article, in the individual's initial license term, at least eleven hours of the required twenty-two and one-half hours of continuing education shall be completed during the first year of the term. Of those eleven hours, three hours shall pertain to applicable New York state statutes and regulations governing the practice of real estate brokers and salespersons. To establish compliance with the continuing education requirements imposed by this section, licensees shall provide an affidavit, in a form acceptable to the department of state, establishing the nature of the continuing education acquired and shall provide such further proof as required by the department of state. [The provisions of this paragraph shall not apply to any licensed real estate broker who is engaged full time in the real estate business and who has been licensed under this article prior to July first, two thousand eight for at least fifteen consecutive years immediately preceding such renewal.]
§ 2. This act shall take effect July 1, 2021.
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 requiring the inclusion of instruction in ethical business practices and recent legal matters in the continuing education requirements for real estate licensees
Purpose
This bill would expand the core requirements for continuing education for real estate licensees to require two and a half hours pertaining to ethical business practices and one hour pertaining to legal updates. It would also require all New York State licensed real estate brokers to complete mandatory continuing education requirements, with no exemptions.
Summary of provisions
Section one of the bill amends provisions of Section 441 of the Real Property Law relating to continuing education requirements for real estate licensees to: require licensees to complete at least two and one-half hours of instruction pertaining to ethical business practices and at least one hour of instruction pertaining to recent legal matters governing the practice of real estate brokers and salespersons in NY; and eliminate a provision currently in law which allows any licensed real estate broker who is engaged full time in the real estate business and has been licensed prior to July 1, 2008 for at least fifteen consec- utive years to be exempt from continuing education requirements.
Section two of the bill establishes the effective date of July 1, 2021.
Justification
Mandatory continuing education courses provide licensed real estate professionals with updated knowledge on changes in their field. Exist- ing state law currently requires that real estate licensees applying for renewal of their license complete 22.5 hours of continuing education in the two-year period immediately preceding the renewal. As part of that overall requirement, they are required to attend at least three hours of instruction pertaining to fair housing and/or discrimination in the sale or rental of real property or an interest in real property, and to attend at least one hour of instruction relating to the law of agency.
This bill would expand those mandated core requirements to include at least two and a half hours of instruction pertaining to ethical business practices, and at least one hour of instruction pertaining to recent legal matters governing the practice of real estate brokers and sales- persons in New York, including statutes, laws, regulations, rules, codes, Department of State opinions and decisions, and court decisions.
Additionally, this bill would eliminate a provision of law that current- ly allows certain brokers who are engaged full time in the real estate business and have been licensed for at least 15 consecutive years, main- taining continuous licensure prior to July 1, 2008, to be exempted from continuing education requirements. This is known as a "grandfathering" clause.
Given ongoing changes in the real estate profession, increasing the number of mandatory core instruction hours and requiring all licensees to complete these hours will help improve the level of quality and expertise among real estate professionals. Ensuring that all real estate licensees receive professional education and development regarding high ethical standards and new laws, regulations, and court decisions which apply to their profession will benefit both licensees and New York's residents.
Legislative history
New bill.
Fiscal implications
None.
Effective date
This act shall take effect July 1, 2021.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.