LIEB BLOG

Legal Media Analysts

Showing posts with label License Renewal. Show all posts
Showing posts with label License Renewal. Show all posts

Thursday, January 20, 2022

New York Real Estate License Renewal Questions and Answers for NY Licensed Salespersons, Brokers, and Associate Brokers

What are the Continuing Education requirements for real estate agents in NY?

As of 7/1/2021. All licensees must receive 22.5 hours of continuing education every 2 years to stay licensed. NY Real Estate Brokers and Salespersons that were previously exempt from Continuing Education will no longer be exempt and will need to have completed the full CE requirements, including the new subjects prior to submitting a renewal on or after 7/1/2021. The 22.5 hours must include:

  • 3 hours on fair housing &/or discrimination
  • 2.5 hours on ethical business practices
  • 1 hour on 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
  • 1 hour on the law of agency (2 hours in the initial 2-year cycle)

As of 4/20/2022: All licensees must receive 22.5 hours of continuing education every 2 years to stay licensed. The 22.5 hours must include the following topics:

  • 3 hours on fair housing &/or discrimination
  • 2.5 hours on ethical business practices
  • 1 hour on 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
  • 1 hour on the law of agency (2 hours in the initial 2-year cycle)
  • 2 hours on Cultural Competency

As of 6/19/2022: All licensees must receive 22.5 hours of continuing education every 2 years to stay licensed. The 22.5 hours must include the following topics:

  • 3 hours on fair housing &/or discrimination
  • 2.5 hours on ethical business practices
  • 1 hour on 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
  • 1 hour on the law of agency (2 hours in the initial 2-year cycle)
  • 2 hours on Implicit Bias Awareness and Understanding
  • 2 hours on Cultural Competency

Who regulates my New York State Real Estate License?

The New York, Department of State (DOS) - Note Real Estate Boards / Schools / Trade Organizations are memberships not licensed. 

Are there any exemptions for Continuing Education requirements for real estate agents in NY?

NY Real Estate Brokers and Salespersons that were previously exempt from Continuing Education will no longer be exempt and will need to have completed the full CE requirements, including the new subjects prior to submitting a renewal on or after 7/1/2021.

How do I renew my New York State Real Estate License?
License renewals must be completed online through the Department of State eACCESSny website. Please note that the renewal process requires licensees to validate education completion by answering “Yes” to the Continuing Education question that confirms all CE requirements have been satisfied. If you mistakenly answer “No”, the DOS will not renew your license until they see all original course completion certificates. You also have to hold onto the original course completion certificates in the event of a license audit by the DOS.

Where can I take my Real Estate Continuing Education courses?
Lieb School offers in-person and online real estate CE courses. Lieb School's online real estate courses are on-demand videos and you can take them at your own convenience. All courses are instructed by Attorney Andrew Lieb and satisfy the NY Department of State license renewal requirements. 

Does Lieb School report my completed credits to the NY Department of State (DOS)? Am I responsible for sending my course certificates to the DOS?
Credits received from Lieb School count towards the 22.5 required from the DOS for license renewal. Certificates provided at each class serve as proof of credit hours. After each in-person class, Lieb School provides paper certificates. After each online class, Lieb School provides immediate access to download a certificate. After you complete a Lieb School class, Lieb School will submit to the Department of State, Bureau of Educational Standards, all licensee information for successful completion of each course. Upon license renewal, the DOS will require the original signed certificate if you are selected for an audit. 

How do I download a course certificate after I complete a Lieb School online class? 
  • Login Here (if you forgot your password reset it here)
  • Click on Dashboard
  • Click on "Completed Courses"
  • Click on the class you need the certificate for
  • Scroll to the bottom of the page. You will see "Cert


    ificate". To the right click on "Download Certificate". The certificate will open as a PDF.

Can I take Continuing Education after my NY Real Estate License Expires?

A licensee (salesperson or broker) can renew their license anytime within two years of the expiration date. Of course they cannot use the license once it is expired, but they do have two years to renew it before any penalties are imposed.

If the license is expired and has not been expired for over two years, they can renew the license online as long as there is a broker of record in place and they have completed the required continuing education. If they were terminated/cancelled by their previous broker, a broker must pick them up using the brokers eAccess account before they can submit an online renewal.  You can still take Continuing Education within the 2 years if your license expired. Lieb School offers on-demand 22.5 CE Credit Packages here. 

If the license has been expired for over two years, the record becomes null and void. At this point the licensee must retake and pass the NY licensing examination and can then reapply for a license. No continuing education is required to reapply as they are starting over. No qualifying education is required as long as they have a record in the Department of State system or can prove that they were previously issued a license.



Wednesday, December 23, 2020

NYS Proposes Regulations that Require Appraisers to Learn Fair Housing / Anti-Discrimination

On 12/23/2020, the NYS Department of State proposed mandating fair housing education as a condition of license renewal for appraisers and assistant appraisers.  


The proposed regulations would be at 19 NYCRR 1107.2(b), 19 NYCRR 1107.33(a), (b), and (c), and 19 NYCRR 1107.34. 


In substance, the regulations would require that every licensed or certified appraiser complete an approved course of study in Fair Housing and Fair Lending every two years with the following course topics: 

a) 7 Hour Introduction to Fair Housing and Fair Lending Instruction

b) 4 Hour Update on Fair Housing and Fair Lending Instruction


Now, we are in the public comment period until 02/21/2021. To make your comments, email the regulator at david.mossberg@dos.ny.gov


While we are very encouraged by increased fair housing and anti-discrimination trainings being required in NYS, we are concerned with how specific the subtopics of education are and how they offer no explanation as to what exactly the government is looking for within each subtopic. We are also concerned about how this requirement will impact federal government contractor appraisers who must follow Executive Order 13950 on Combating Race and Sex Stereotyping and are therefore restricted on engaging in trainings on unconscious bias or implicit bias to the extent that "it teaches or implies that an individual, by virtue of his or her race, sex, and/or national origin, is racist, sexist, oppressive, or biased, whether consciously or unconsciously," per the US Department of Labor. We hope that these issues will be addressed before this regulation is finalized. 


To the specific subtopic requirements, under topic a), the subtopics are as follows:

(1) Fair housing, fair lending requirements, and the history of lending 2 hours

(a) What is fair housing?

(b) What is fair lending?

(c) Roadblocks to fair housing/lending

(d) Federal laws Civil Rights Act of 1866

Civil Rights Act of 1964 Fair Housing Act of 1968

Supreme Court

The Housing and Community Development Act of 1974

The Fair Housing Amendment Act of 1988

Other legislation

- Community Reinvestment Act

- Equal Credit Opportunity Act

- Home Mortgage Disclosure Act

- Real Estate Settlement Procedures Act American Disabilities Act

(ADA)

(e) New York State Law - Executive Law includes the Civil Rights

Law of the State (NY Human Rights Law - Article 15)

- Additional protected classes; age and marital status

- Includes residential property, land commercial property and credit

transactions

(f) Local Regulations

(g) Exemptions and Exceptions

- Senior Citizen Housing

- Drug users and alcohol abusers

- Two family exemption

(h) USPAP/FIRREA

(i) Enforcement and Duties

-U.S. Department of Justice

-Department of Housing and Urban Development (HUD)

-New York State Department of State, Division of Licensing

-New York State Division of Human Rights

-Administrative Law Judges

-Federal and State Courts

-Responsibilities of individual appraisers

(j) Penalties New York State Federal Government

(2) Development of appraisal (Standard 1 USPAP) 1.5 hours

(a) Bias and discrimination in the analysis in development

(b) Documentation of sources

(c) Secondary market guidelines Fannie Mae, Freddie Mac, HUD,

VA

(3) Reporting of appraisal results (Standard 2 USAP) 1.5 hour

(a) Bias and discrimination in the report

(b) Documentation of sources

(c) Secondary market guidelines Fannie Mae, Freddie Mac, HUD,

VA

(4) Case studies 2 hours

(a) Neighborhood issues

(b) Improvement issues

(c) External obsolescence

(d) Conscious and Unconscious bias


Under topic b), the subtopics are as follows:

(1) Fair housing, fair lending requirements, and the history of lending 1 hour

(a) What is fair housing?

(b) What is fair lending?

(c) Roadblocks to fair housing/lending

(d) Federal laws Civil Rights Act of 1866

Civil Rights Act of 1964 Fair Housing Act of 1968

Supreme Court

The Housing and Community Development Act of 1974

The Fair Housing Amendment Act of 1988

Other legislation

- Community Reinvestment Act

- Equal Credit Opportunity Act

- Home Mortgage Disclosure Act

- Real Estate Settlement Procedures Act American Disabilities Act

(ADA)

(e) New York State Law - Executive Law includes the Civil Rights

Law of the State (NY Human Rights Law - Article 15)

- Additional protected classes; age and marital status

- Includes residential property, land commercial property and credit

transactions

(f) Local Regulations

(g) Exemptions and Exceptions

Senior Citizen Housing

Drug users and alcohol abusers

Two family exemption

(h) USPAP/FIRREA

(i) Enforcement and Duties

-U.S. Department of Justice

-Department of Housing and Urban Development (HUD)

-New York State Department of State, Division of Licensing

-New York State Division of Human Rights

-Administrative Law Judges

-Federal and State Courts

-Responsibilities of individual appraisers

(j) Penalties New York State Federal Government

(2) Development of appraisal (Standard 1 USPAP) 1 hour

(a) Bias and discrimination in the analysis

(b) Documentation of sources

(c) Secondary market guidelines Fannie Mae, Freddie Mac, HUD,

VA

(3) Reporting of appraisal results (Standard 2 USAP) 1 hour

(a) Bias and discrimination in the report

(b) Documentation of sources

(c) Secondary market guidelines Fannie Mae, Freddie Mac, HUD,

VA

(4) Case studies 1 hour

(a) Neighborhood issues

(b) Improvement issues

(c) External obsolescence

(d) Conscious and Unconscious bias


 




Friday, March 27, 2020

Real Estate Brokerage / Salesperson License Renewal Extended

By way of Executive Order 202.11, licensees "time to renew a license" has been extended "to the 30th day following the expiration of this Executive Order."

This Executive Order expires on April 26, 2020 and as such renewal is extended to May 26, 2020 for real estate brokers and salespersons.




Wednesday, January 15, 2020

Real Estate Brokers - Guess the Pass Rate on the Salesperson Exam from 9/17/19 to 12/16/19

Tuesday, November 12, 2019

What RE Brokers that were previously exempt from CE need to know about the new CE requirements

NY Real Estate Brokers and Salespersons that were previously exempt from Continuing Education will no longer be exempt and will need to have completed the full CE requirements, including the new subjects prior to submitting a renewal on or after 7/1/2021.

They can begin taking continuing education 2 years prior to the expiration date of their current license. Keep in mind that only those submitting a renewal on or after 7/1/21 must meet the new requirements.

For example: A licensee with a current license renewal date of 9/1/19 to 8/31/21 would need to complete the education, and the courses would have to be completed in the 2 years immediately preceding the renewal (after 9/1/19 and before submitting the renewal). Any licensee who submits the renewal prior to 7/1/21 may claim the exemption one last time. 

NOW, all licensees must receive 22.5 hours of continuing education every 2 years to stay licensed. The 22.5 hours must include:
  • 3 hours on fair housing &/or discrimination
  • 2.5 hours on ethical business practices
  • 1 hour on 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 
  • 1 hour on the law of agency (2 hours in the initial 2-year cycle)
Lieb School has you covered! We are in the process of revamping our continuing education packages to comply with the new laws! 


Monday, June 03, 2019

Real Estate Brokerage Regulatory Updates - 5/31/19 NYS Board Of Real Estate Meeting Summary

On 5/31/19 the NYS Board of Real Estate continued its mission of optimizing the regulation of real estate brokers in our state by holding its meeting in NYC, Rochester and Albany. 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 here.

In summary, the following was discussed:
  1. Complaints: From 1/1/19 to 4/30/19, the Department of State received 241 complaints about licensees. For perspective, there are 134,964 licensees in New York State.
  2. Testing: In 2018, of the 27,209 individuals who sat for the salesperson exam, 14,172 passed, which is roughly a 52% pass rate; of the 2,215 individuals who sat for the brokers exam, 1,447 passed, which is a 55% pass rate.
  3. Regulations: The Board is considered updating advertising regulations as to web based advertising where lead generation will be specifically addressed. Additionally, corporate titles was raised as a concern and a committee was assigned to study the issue. The simple solution stated was increased enforcement. 
  4. Discrimination: Lawful source of income was discussed and the Department, while working with the Division of Human Rights, is hopefully going to issue guidance. 
Remember, to take Lieb School's online classes to stay ahead of your profession. 


Monday, April 30, 2018

Renewing An Expired Real Estate License in New York

A licensee (salesperson or broker) can renew their license anytime within two years of the expiration date. Of course they cannot use the license once it is expired, but they do have two years to renew it before any penalties are imposed.

If the license is expired and has not been expired for over two years, they can renew the license online as long as there is a broker of record in place and they have completed the required continuing education. If they were terminated/cancelled by their previous broker, a broker must pick them up using the brokers eAccess account before they can submit an online renewal.   

If the license has been expired for over two years, the record becomes null and void. At this point the licensee must retake and pass the NY licensing examination and can then reapply for a license. No continuing education is required to reapply as they are starting over. No qualifying education is required as long as they have a record in the Department of State system or can prove that they were previously issued a license.

Friday, August 18, 2017

NY Real Estate License Renewal FAQs

What are the Continuing Education requirements for real estate agents in NY?

Every 2 years, licensed real estate brokers and salespersons in the State of New York are required to take 22.5 continuing education credits
As of 01/01/2017, Licensed NY Real Estate Salespersons and Brokers must take the following Continuing Education courses in their renewal cycle:
  • 3 Hours of instruction pertaining to Fair Housing and/or Discrimination in the sale or rental of real property or an interest of real property
  • 2 Hours of Agency Disclosure for the initial two-year licensing term and at least 1 hour of Agency Disclosure in subsequent renewal cycles.
If you are grandfathered in, the new continuing education requirements do not apply.

Are there any exemptions for Continuing Education requirements for real estate agents in New York?

Licensed real estate brokers who are engaged full time in the real estate business and who have been licensed for at least 15 consecutive years immediately preceding license renewal. This exemption must have been met prior to July 1, 2008. An attorney admitted to the New York State bar is also exempt from the Continuing Education Requirement.

Does Lieb School report my completed credits to the Department of State (DOS)? Am I responsible for sending my course certificates to the DOS?

Credits received from Lieb School count towards the 22.5 required from the DOS for license renewal. Certificates provided at each class serve as proof of credit hours (think of them as a receipt). After each class, Lieb School submits to the Department of State, Bureau of Educational Standards, all licensee information for successful completion of each course. Upon license renewal, the DOS will require the original signed certificates if you are selected for an audit. Make sure that you keep your certificates in a safe place. In the event of an audit, the DOS will cross reference the certificates with the student completion records received by each school. You are responsible for completing all 22.5 credits by your license renewal deadline date.

How do I renew my New York State Real Estate License?

License renewals must be completed online through the Department of State eACCESSny website. Please note that the renewal process requires licensees to validate education completion by answering “Yes” to the Continuing Education question that confirms all CE requirements have been satisfied. If you mistakenly answer “No”, the DOS will not renew your license until they see all original course completion certificates. You also have to hold onto the original course completion certificates in the event of a license audit by the DOS.

If I did not complete my continuing education requirements before my license expiration date can I get an extension?


Please refer to §177.6 in the Real Estate License Law. The Department of State will only grant extensions in bona fide hardship cases. Prior to your license expiration: you must submit to the Department of State, a written request for the extension, completed renewal form, fee, and original documentation demonstrating your hardship; i.e., medical documentation.

Monday, April 17, 2017

NY Department of State Update for License Renewal (Applications and Fees)

This is a direct note from the New York, Department of State.

This notification is to inform you of an increase in Real Estate original and renewal application fees, effective immediately.

The new application fees are as follows: Real Estate Broker Application $155, Real Estate Branch Office Application $155, Real Estate Salesperson Application $55.   

Please stop using the old applications immediately.  The new applications are available on the Department of State website, here are the links:





http://www.dos.ny.gov/forms/licensing/0022-a-HT.pdf  (Sales Application Haitian Creole)





Also, as a result of an ongoing Real Estate Licensee Qualifying Audit, we are finding that many licensees are noncompliant. The majority of noncompliant licensees state they did not know, and were not told, that prior to applying for a license education, requirements include completion of the 75 hour course, passing the final school exam and receiving a certificate of completion.

Monday, October 03, 2016

Continuing Education Requirements for New York Licensed Real Estate Brokers and Salespersons

New York Real Estate Salespersons and Brokers are regulated by the Department of State, New York (DOS) and are required to complete 22.5 Continuing Education credits within a 2 year license renewal period.  License renewal dates can be found on the New York State Real Estate License (look for license expiration date). 

As of 01/01/2017, Licensed NY Real Estate Salespersons and Brokers must take the following Continuing Education courses in their renewal cycle:

  • 3 Hours of instruction pertaining to Fair Housing and/or Discrimination in the sale or rental of real property or an interest of real property
  • 2 Hours of Agency Disclosure for the initial two-year licensing term and at least 1 hour of Agency Disclosure in subsequent renewal cycles. 
If you are grandfathered in, the new continuing education requirements do not apply.  

  • Draw your attention to this paragraph "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."

In addition to the New York State Continuing Education requirements, member's of the National Association of REALTORS® are required to complete ethics training of not less than 2 hours, 30 minutes of instructional time within four-year cycles. The training must meet specific learning objectives and criteria established by the National Association of REALTORS®. The current cycle will end Dec. 31, 2016. 

Lieb School offers a license renewal package that satisfies ALL of the requirements above. 

Or you can purchase individual courses here:





Friday, September 23, 2016

Lieb School Launches 22.5 CE License Renewal Course Package | Online Video Classes | $99.00

NY Real Estate Continuing Education 22.5 Credit 

License Renewal Course Package 

(click for online classes preview - turn sound on)
Anywhere and anytime you can finish all 22.5 hours of real estate continuing education as long as you have internet access. Lieb School’s online license renewal package includes video, audio and interactivity to get the job done without making you want to gouge your eyeballs out. Satisfies Department of State, New York Real Estate Continuing Education Requirements for License Renewal.

Courses include:

  • Deal Killers (3 CE Credits)
  • Conflicts of Interest (3 CE Credits)
  • Agency Disclosure (8 CE Credits)
  • Divorce Deals (4.5 CE Credits)
  • Fair Housing Act (4 CE Credits)
The first course in this package is Deal Killers, where you will learn how to comprehensively negotiate a deal with substance and understand how to lock in your commission through creating a paper trail proving that you addressed substantially all of the essential terms of the transaction while negotiating the deal. Next, Conflicts of Interest will teach you the role of each player in a transaction and how to avoid an ethical claim that can otherwise ruin your career. Following, you will learn the whole enchilada about agency disclosure including an easy to follow 12 scenario explanation of which form to give and when. After you have mastered how to fill out the agency disclosure forms, Divorce Deals will show you how to navigate through all of the complexities of selling a marital residence and share with you interesting insights of what your clients are going through during their divorce process. Last but certainly not least, after completing the Fair Housing Act course, you will learn the nationwide standard for anti-discrimination laws in residential housing and how to perform your job while avoiding lawsuits, which New York State is actively pursuing against real estate brokers today.

After trying Lieb School’s ONLINE classes, you will never want online education from any other provider. Lieb School’s leading distance education combines the latest interactive technology, license law education and continuing edutainment.

Each course includes a video from a live classroom setting that was instructed by premiere lecturer Andrew Lieb, Esq. Content is thereafter broken down in order to simplify the learning experience so that students can absorb our field’s complex materials without being overwhelmed.

*Prices Subject to change
** Must complete the courses 6 months from the date you registered


CLICK HERE TO REGISTER






Wednesday, September 21, 2016

Real Estate Brokerage Regulatory Updates - 9/20/16 NYS Board of Real Estate meeting summary


On 9/20/16 the NYS Board of Real Estate continued its mission of optimizing the regulation of real estate brokers in our state by holding its meeting in NYC and Albany. 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 partnership between the Department of State and the Division of Human Rights to enforce fair housing laws; 
  2. The new agency disclosure continuing education requirements as signed by the Governor into law earlier this month; 
  3. Diversity being an approved topic for continuing education;
  4. Notice of regulatory changes for the following topics will appear on the state register for 45 day comment period on 9/28/16: 19 NYCRR 175.1 (escrow and how much time can be held before deposited), 19 NYCRR 175.7 (consent of parties), 19 NYCRR 176.3 (license safety course and reduction in hours to property insurance course), 19 NYCRR 177.3 (allows training modules to be 1 hour rather than 3), 19 NYCRR 177.7 (allows the computating the computation from 60 to 50 minutes), and 19 NYCRR 175.25 (advertisements of business cards that license type be listed as a clarification); and
  5. Changing point allocation for acting as listing agent and selling agent.
Of note, no quorum existed so no votes were taken. The next meeting is expected in January 2017. 


Thursday, June 16, 2016

How To Renew Your New York State Real Estate License (NYS Salesperson, Broker, Associate Broker)

The Department of State, New York (DOS) regulates NYS Real Estate Licenses. License Renewal must be completed online through the DOS eAccessNY Portal. 
(Trade Organizations / Clubs / Schools DO NOT regulate licensees)

Helpful Tips: Licensees are required to complete 22.5 continuing education credits within a 2 year license renewal period.

New York Real Estate Salespersons and Brokers are regulated by the Department of State, New York (DOS) and are required to complete 22.5 Continuing Education credits within a 2 year license renewal period.  License renewal dates can be found on the New York State Real Estate License (look for license expiration date). 

As of 01/01/2017, Licensed NY Real Estate Salespersons and Brokers must take the following Continuing Education courses in their renewal cycle:

  • 3 Hours of instruction pertaining to Fair Housing and/or Discrimination in the sale or rental of real property or an interest of real property
  • 2 Hours of Agency Disclosure for the initial two-year licensing term and at least 1 hour of Agency Disclosure in subsequent renewal cycles. 
If you are grandfathered in, the new continuing education requirements do not apply.  

  • Draw your attention to this paragraph "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."

When renewing your real estate license through the DOS portal, you will be asked if you have completed your continuing education requirements. If you mistakenly answer "No", the DOS will not renew your license. Instead, answering "No" will automatically prompt an audit. The audit will require you to provide the DOS with all of your original course completion certificates.

Friday, March 20, 2015

JUST RELEASED: Lieb School's Sizzle Reel - Video Clips of Andrew Lieb Conducting Real Estate Trainings

Thursday, February 27, 2014

Continuing Education Q &A: NY Real Estate Salespersons that hold 2 licenses

Question: I hold two NY Real Estate Salespersons licenses with different expiration dates. Do I need 22.5 credits of continuing education for each license? If not, do I have to track my credits against both licenses or one, if so which one? Please help clarify...

Answer: Generally it is the first license issued which sets the cycle for continuing education. This isn't an exact science as sometimes agents let either license expire for periods of time. See below example for clarification:
 
  • If an agent is renewing license B, but they completed education within two years immediately preceding renewing license A, then license A set the two year cycle for CE and no education would be required for renewal of license B. Of course, the licensee would continue to use license A as the term in which CE must be completed prior to renewal.

Thursday, September 19, 2013

License Renewal FAQ: Credits and Certificates

QUESTION: Does Lieb School report my completed credits to the Department of State (DOS)? Am I responsible for sending my course certificates to the DOS?

ANSWER: Credits received from Lieb School count towards the 22.5 required from the DOS for license renewal. Certificates provided at each class serve as proof of credit hours (think of them as a receipt). After each class, Lieb School submits to the Department of State, Bureau of Educational Standards, all licensee information for successful completion of each course. Upon license renewal, the DOS will require the original signed certificates if you are selected for an audit. Make sure that you keep your certificates in a safe place. In the event of an audit, the DOS will cross reference the certificates with the student completion records received by each school. You are responsible for completing all 22.5 credits by your license renewal deadline date.

To learn more about license renewal click here.

Wednesday, February 27, 2013

Is My Broker Required to Release My License?

Yes and the broker must do so immediately says the Department of State in Department of State v. Gill, Vassel and Heritage Realty, Inc. at 2283 DOS 07 where it was held that: "The failure to make such a filing until some one or two months after the termination of association with their brokerage, Respondents Vassel and Heritage violated RPL §442-b, and demonstrated incompetency. DLS v James, 10 DOS 93."

Specifically, the Department of State referred to Real Property Law 442-b when it made its decision. The statute states:


Discontinuance or change of salesperson’s association; report: When the association of any real estate salesperson shall have been terminated for any reason whatsoever, his broker shall forthwith notify the Department of State thereof in such manner as the department shall prescribe. Where change of such salesperson’s association is the basis for such termination, the salesperson’s successor broker shall forthwith notify the department of such change in such manner as the department shall

Therefore, the broker has the duty to release a license forthwith.

To learn more about brokerage statutes and regulations in NY and how the actually effect your life and livelihood  register for Lieb School today.

Friday, January 25, 2013

Updated Q & A: NY Real Estate Continuing Education & License Requirements


Does Lieb School report my completed credits to the Department of State (DOS)? Am I responsible for sending my course certificates to the DOS?  Credits received from Lieb School count towards the 22.5 required from the DOS for license renewal. Certificates provided at each class serve as proof of credit hours (think of them as a receipt). After each class, Lieb School submits to the Department of State, Bureau of Educational Standards, all licensee information for successful completion of each course.  Upon license renewal, the DOS will require the original signed certificates if you are selected for an audit. Make sure that you keep your certificates in a safe place. In the event of an audit, the DOS will cross reference the certificates with the student completion records received by each school.   You are responsible for completing all 22.5 credits by your license renewal deadline date. 

How do I renew my New York State Real Estate License? License renewals must be completed online through the Department of State eACCESSny website.   Please note that the renewal process requires licensees to validate education completion by answering “Yes” to the Continuing Education question that confirms all CE requirements have been satisfied.  If you mistakenly answer “No”, the DOS will not renew your license until they see all original course completion certificates.  You also have to hold onto the original course completion certificates in the event of a license audit by the DOS.  

If I did not complete my continuing education requirements before my license expiration date can I get an extension?  Please refer to §177.6 in the Real Estate License Law. The Department of State will only grant extensions in bona fide hardship cases.  Prior to your license expiration: you must submit to the Department of State, a written request for the extension, completed renewal form, fee, and original documentation demonstrating your hardship; i.e., medical documentation.   

-------
more questions answered...

Who regulates my New York State Real Estate License?  Your license is regulated by the Department of State, New York (DOS) and NOT by any real estate school or trade organization.

What are the Continuing Education requirements for real estate agents in NY? Every 2 years, licensed real estate brokers and salespersons in the State of New York are required to take 22.5 continuing education credits. The ONLY mandatory class requirement is at least 3 hours of instruction pertaining to fair housing and/or discrimination in the sale or rental of real property or an interest of real property, within the 2 - year period immediately preceding a renewal.

Are there any exemptions for Continuing Education requirements for real estate agents in New York? 
Licensed real estate brokers who are engaged full time in the real estate business and who have been licensed for at least 15 consecutive years immediately preceding license renewal. This exemption must have been met prior to July 1, 2008.  An attorney admitted to the New York State bar is also exempt from the Continuing Education Requirement.

Am I required to take a course in Fair Housing if my real estate license is grandfathered? A NYS real estate agent does not need to take a course in Fair Housing if they are generally exempt by way of the "grandfather" factor.  Please refer the agent to Real Property Law section 441(3)(a) where it expresses the requirement for real estate agents to take 3 hours in a fair housing and/or discrimination course within a license renewal cycle. The link for the license law where this is discussed is as follows: http://www.dos.ny.gov/licensing/lawbooks/RE-Law.pdf

While reviewing the license law, please refer your attention to the last sentence of this requirement wherein it states: "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 1, 2008 for at least 15 consecutive years immediately proceeding such renewal". This is the "grandfather" factor. 

In general, the only exception to the "grandfather" factor exemption is for NAR's mandatory quadrennial ethics requirement for members of the National Association of REALTORS®. This has nothing to do with licensing or the Department of State, New York. 

If I already completed a continuing education class, can I take the same topic again for credit with a different school in NY within the same license renewal cycle? Real estate continuing education courses are assigned independent approval codes by the Bureau of Educational Standards, Department of State, State of New York.  Licensed real estate agents may take multiple courses in the same topic within each "two year cycle of renewal" as long as each course has an independent approval code. Approval codes are assigned for each approved course, not school and not course topic.  It is advised that you always check your records of previously completed approval codes prior to registration for new courses within your cycle of renewal. 

If I already received credit for taking a continuing education course, can I get credit for taking the same exact course in a different license renewal cycle?  Yes. While New York State Real Estate License Law, 19 NYCRR 177.18(c), states: "No continuing education course will be considered for continuing education credit more than once within the two year cycle of renewal", there is no specific regulation precluding taking the same continuing education course anew in a subsequent and different license renewal cycle.

Do I have to take an Ethics course to renew my license?  Ethics training is not a required course for a Real Estate Broker or Salesperson to maintain their license in full force and effect with the Department of State, New York. Ethics courses may be required by your local Board (trade organization), but are not required to maintain your license with the Department of State of New York.



Wednesday, January 09, 2013

Top NY Real Estate Agent Cont. Ed Questions...Answers Revealed

Continuing Education Questions and Answers for Licensed Brokers and Salespersons in New York. 

What are the Continuing Education requirements for real estate agents in NY? Every 2 years, licensed real estate brokers and salespersons in the State of New York are required to take 22.5 continuing education credits. The ONLY mandatory class requirement is at least 3 hours of instruction pertaining to fair housing and/or discrimination in the sale or rental of real property or an interest of real property, within the 2 - year period immediately preceding a renewal.

Are there any exemptions for Continuing Education requirements for real estate agents in New York? Licensed real estate brokers who are engaged full time in the real estate business and who have been licensed for at least 15 consecutive years immediately preceding license renewal. This exemption must have been met prior to July 1, 2008.  An attorney admitted to the New York State bar is also exempt from the Continuing Education Requirement.

Am I required to take a course in Fair Housing if my real estate license is grandfathered? A NYS real estate agent does not need to take a course in Fair Housing if they are generally exempt by way of the "grandfather" factor.  Please refer the agent to Real Property Law section 441(3)(a) where it expresses the requirement for real estate agents to take 3 hours in a fair housing and/or discrimination course within a license renewal cycle. The link for the license law where this is discussed is as follows: http://www.dos.ny.gov/licensing/lawbooks/RE-Law.pdf

While reviewing the license law, please refer your attention to the last sentence of this requirement wherein it states: "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 1, 2008 for at least 15 consecutive years immediately proceeding such renewal". This is the "grandfather" factor. 

In general, the only exception to the "grandfather" factor exemption is for NAR's mandatory quadrennial ethics requirement for members of the National Association of REALTORS®. This has nothing to do with licensing or the Department of State, New York. 

If I already completed a continuing education class, can I take the same topic again for credit with a different school in NY within the same license renewal cycle? Real estate continuing education courses are assigned independent approval codes by the Bureau of Educational Standards, Department of State, State of New York.  Licensed real estate agents may take multiple courses in the same topic within each "two year cycle of renewal" as long as each course has an independent approval code. Approval codes are assigned for each approved course, not school and not course topic.  It is advised that you always check your records of previously completed approval codes prior to registration for new courses within your cycle of renewal.
  
If I already received credit for taking a continuing education course, can I get credit for taking the same exact course in a different license renewal cycle?  Yes. While New York State Real Estate License Law, 19 NYCRR 177.18(c), states: "No continuing education course will be considered for continuing education credit more than once within the two year cycle of renewal", there is no specific regulation precluding taking the same continuing education course anew in a subsequent and different license renewal cycle.