If you are an associate real estate broker serving as a real estate brokerage office manager you are now responsible for your associated real estate salespersons' license law violations. Be warned. 

The statute, S2157A, amends Real Property Law section 440(6) and also requires an associate real estate broker to have been active in the real estate industry for two of the four years preceding appointment as an office manager. 

All associate real estate brokers, who manage offices, should quickly become familiar with their company's policies and procedures to the extent of checking whether they comply with Article 12-A and 19 NYCRR 175 for if they don't, you, the manager are now liable. Also, read 19 NYCRR 175.21, which defines your supervisory responsibility to include "regular, frequent and consistent personal guidance, instruction, oversight and superintendence" together with record keeping.

Best of luck. 

On March 11, 2021, 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. Its 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:

• 5 hearings that have been held by the DOS and 10 others that scheduled as a result of the Newsday Long Island Divided expose;
• Brokerages compliance with the Executive Orders about essential workers and safety in light of COVID;
• Communication with Complainants and Respondents about outcomes of Administrative cases; 
• Current real estate licensee numbers for February 2020 and February 2021 were provided in a report;
• 27 Schools have submitted course applications for the 2.5 hours of business ethics topic (Lieb School is one of these schools);
• 23 Schools have submitted course applications for the 1 hour of recent legal matters topic (Lieb School is one of these schools);
• 2020 Exam Results:
• Salesperson = 17,643 applicants with a pass rate of 59%
• Broker = 1,464 applicants with a pass rate of 65%
• Executive Order Updates:
• Extension of the Licenses continued through March 28, 2021
• Electronic Notarization of Documents continued through March 28, 2021

“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.”

• 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)