Legal Analysts

Showing posts with label licensed real estate broker. Show all posts
Showing posts with label licensed real estate broker. Show all posts

Friday, December 10, 2021

Increased Discrimination Training For Real Estate Brokers & Salespersons

Starting on July 1, 2022, Bill (S2132B) will add increased fair housing and discrimination training for Real Estate Brokers and Salespersons. 


  • Requires course content to include:
    1. Legacy of segregation, unequal treatment, and historic lack of access to opportunity in housing;
    2. Unequal access to amenities and resources on the basis of race, disability and other protected characteristics;
    3. Federal, state, and local fair housing laws;
    4. Anti-Bias training.
  • Requires 152 hours of training to obtain a Real Estate Broker license
  • Requires 77 hours of training to become a licensed Real Estate Salesperson
  • Requires approval of faculty to sign a document, under oath, approved by and submitted to the Department of State, attesting to compliance with all applicable statutory and regulatory requirements pertaining to the instruction of the established curriculum. There will be penalties for faculty that fail to meet their obligations including suspension and revocation of their instructor certificate.

Tuesday, November 10, 2020

New Real Estate Brokerage Advertising Regulations

Are you ever confused about who the broker is when you search for property online? Thankfully, the NYS advertising regulations were just amended to adequately disclose to the consumer who the exclusive agent is. The specific updates are included in Andrew Lieb's latest article published in The Suffolk Lawyer, law journal. CLICK HERE FOR THE FULL ARTICLE. 

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.

Wednesday, July 15, 2020

Suffolk County Fair Housing Task Force Expected to Begin Efforts to Combat Discrimination

On July 14, 2020, the Suffolk County Fair Housing Task Force convened for the first time after its creation and after delays due to the coronavirus pandemic. Its meeting agenda included a discussion of the group’s mission, goals, and expectations. The Task Force is expected to hold public hearings to gather information from residents, experts, and advocates and thus, provide the legislature and County Executive with their report of findings. The Task Force is also expected to start its efforts to combat housing discrimination in Suffolk County. Thus, real estate brokers are reminded of their duty to supervise agents and to be prepared by ensuring that agents receive proper training and that they comply with Fair Housing and discrimination laws.

As background, the Task Force was formed by resolution after the results of a multi-year investigation by Newsday and testers found extensive evidence of impermissible steering of consumers based on race. As such, the Task Force was charged with the responsibility to conduct a comprehensive review of Suffolk County’s Human Rights Law and provide recommendations to improve and strengthen these regulations to more effectively and efficiently stop individuals from discriminating against potential buyers of homes in Suffolk County.

Real estate brokers should be aware that private discrimination claims can include claims for actual damages, punitive damages, statutory penalties, attorneys’ fees and costs, as well as, the suspension or revocation of real estate licenses. To prevent liability and ensure that your licensed associates are properly trained to comply with current Fair Housing and discrimination laws, contact Lieb Compliance HERE for on-demand custom digital trainings for your licensed associates.