LIEB BLOG

How current events impact your business and real estate holdings

Showing posts with label Real Estate Brokers and Salesperson. Show all posts
Showing posts with label Real Estate Brokers and Salesperson. Show all posts

Monday, August 03, 2020

New Housing Discrimination Law – RE Brokers Exposed to Fines & Revoked / Suspended Licenses

Effective August 3, 2020, the Department of State is given the discretion to fine, suspend, or revoke a real estate broker or salesperson's license for violations of the New York State Human Rights Law in their capacity as broker or agent.

Governor Cuomo signed Senate Bill S6874-A which specifically amends Section 441-c of the Real Property Law to include violations of Article 15 of the Executive Law or the New York State Human Rights Law as a ground for revoking or suspending a real estate broker or salesperson's license.

Ironically, the law already included the Department of State’s ability to revoke a license at 19 NYCRR 175.17(b), which states:
“No real estate broker or salesperson shall engage in an unlawful discriminatory practice, as proscribed by any federal, state or local law applicable to the activities of real estate licensees in New York State. A finding by any federal, state or local agency or court of competent jurisdiction that a real estate broker or salesperson has engaged in unlawful discriminatory practice in the performance of licensed real estate activities shall be presumptive evidence of untrustworthiness and will subject such licensee to discipline, including a proceeding for revocation. Nothing herein shall limit or restrict the Department from otherwise exercising its authority pursuant to section 441-c of the Real Property Law.”

Is the new law than just lip service to appease the public after the Newsday investigation which uncovered rampant housing discrimination violations in the real estate industry?

Weigh in.

Monday, November 25, 2019

Pointless Legislation? RE Broker Discrimination = License Revocation

Newsday is reporting that "Sen. James Gaughran (D-Huntington) and Assemb. Kimberly Jean-Pierre (D-Babylon) introduced a bill that would expand the state’s authority to suspend or revoke a real estate agent’s license."

Did you know that a law already exists that provides for discrimination = license revocation?

19 NYCRR 175.17(b) states:
No real estate broker or salesperson shall engage in an unlawful discriminatory practice, as proscribed by any federal, state or local law applicable to the activities of real estate licensees in New York State. A finding by any federal, state or local agency or court of competent jurisdiction that a real estate broker or salesperson has engaged in unlawful discriminatory practice in the performance of licensed real estate activities shall be presumptive evidence of untrustworthiness and will subject such licensee to discipline, including a proceeding for revocation. Nothing herein shall limit or restrict the Department from otherwise exercising its authority pursuant to section 441-c of the Real Property Law.

Yes, codifying the law makes sense, but unless DOS prosecutes, what's the point?


Hey Brokers - should a license be lost if a broker is found to have discriminated? 

Just remember, not every charge of discrimination is legitimate.

Let us know your thoughts in comments.





Monday, May 15, 2017

Agency 1 Hour ONLINE | Video Clip of CE Course Preview

Tuesday, February 14, 2017

Important Administrative Decision - Bedbugs in NYC

In DOS v. Fletcher, a real estate broker was charged with incompetency and untrustworthiness for acting as a landlord's agent and failing "to assure that their client provided [the tenant] with the bed bug infestation history" for the unit.

As background, the Administrative Tribunal was addressing New York City's Administrative Code at §27-2018.1(a), which states:

For housing accommodations subject to this code, an owner shall furnish to each tenant signing a vacancy lease, a notice in a form promulgated or approved by the state division of housing and community renewal that sets forth the property's bedbug infestation history for the previous year regarding the premises rented by the tenant and the building in which the premises are located.

According to the Department of State, the "act of omission was a violation of the respondents' obligation to deal fairly and openly with a prospective renter."

Moving forward, all New York City Landlord's Agents MUST assure that their landlords provide the bedbug disclosure to avoid being charged with a license law violation.

Tuesday, December 27, 2016

Real Estate Brokerage Regulatory Updates - 12/14/16 NYS Board of Real Estate meeting summary

On 12/14/16 the NYS Board of Real Estate continued its mission of optimizing the regulation of real estate brokers in our state by holding its meeting. To remind real estate brokers and salespersons, the public is welcome at these meetings where the public can bring comments from the floor. It's encouraged that Lieb School students attend these meetings to have your voices heard. 

"[T]he Board has general authority to promulgate rules and regulations affecting real estate brokers and salespersons in order to administer and effectuate the purposes of Article 12-A of the Real Property Law."

A complete video of the meeting is available on youtube.

In summary, the following was discussed:
  1. The collaboration between the Department of State and the Division of Human Rights in investigating claims of discrimination and enforcing the law. To date, the Department of State has referred 5 complaints to the Division of Human Rights. 
  2. The Department of State's right, even without subpoena, to request documents from a licensee (including to document requests pertaining to documents that are unrelated to the practice of real estate brokerage) and that a licensee's failure to cooperate may result in a license suspension. 
  3. A new licensing requirement of a 1 hour course on licensee safety is being added to curriculum and to make room for such additional hour the property insurance requirement is being reduced from 2 hours to 1 hour.
  4. The comments period for regulatory changes, [to 175.1 (commingling money), 175.7 (disclosure to clients before accepting money), 176.3 (1 hour license safety course), 177.3 (minimum instruction time of 1 hour rather than 3 hours), 177.7 (computation of time being 50 minutes for an hour requirement) and 175.25 (licensee disclosure of license type on business cards)], has expired and such regulations are expected to be effective in mid January 2017. 
  5. Brokerage firms can utilize cloud storage of their records so long as such cloud technology creates an accurate reproduction of paper records and has technology to permit discovery of any alterations of such records.
  6. The Board of Real Estate meeting schedule for 2017 is April 12, 2017, September 13, 2017 and December 6, 2017. 
The next meeting is expected on April 12, 2017.