Lieb at Law, P.C. 's working relationship and history of collaboration with the Department of State's Division of Licensing Services led open and frank discussions between the prosecutor and defense counsel, resulting in a mutual understanding that voluntary dismissal of the complaint against a real estate agent facing charges.

The full article is published in Newsday: https://www.newsday.com/business/housing-bias-discrimination-real-estate-agents-long-island-divided-1.50356898?utm_source=appshare

“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.

Discrimination in housing is no joke and real estate investors are exposed more than ever before. In this #METOO movement, elected officials all over the country have assured the public that they will be enforcing discrimination laws. In fact, we are about to see a new law in New York State that forces Real Estate Brokers to provide a new form to buyers and tenants that shows them how to sue for discrimination. Real Estate Investing Coach Andrew Lieb provides an update to the pending regulation and what landlords and brokers can do to prepare for this new law.

For a long time, real estate brokers on Long Island drafted leases for their clients, the landlords. As time passed, these brokers became educated about the illegality of this act and decided to stop committing a felony or being subject to having their license revoked. However, real estate brokers often couldn’t help themselves. They needed to connive another scheme to have the leases drafted for them, rather than simply referring their clients to attorneys as the law required. So, many real estate brokers have found unethical attorneys to draft their leases while the brokers pay such attorneys directly while controlling the representation. Simply, these attorneys are answerable to the broker, not the client.

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?



Just remember, not every charge of discrimination is legitimate.

Let us know your thoughts in comments.

Fees for licensing have increased by $5 as of April 20, 2017. For real estate brokers the fee is now $155 and for real estate salesman (a/k/a, real estate salespersons) the fee is now $55.

Real Property Law 441-b(1) now reads (words in brackets are the former statute and capitalized words represent the now current statute):

The  fee  for a license issued or reissued under the provisions of
this article  entitling  a  person,  co-partnership,  limited  liability
company  or  corporation  to  act  as a real estate broker shall be [one
hundred fifty] ONE HUNDRED FIFTY-FIVE dollars. The  fee  for  a  license
issued  or  reissued  under  the  provisions of this article entitling a
person to act as a real estate  salesman  shall  be  [fifty]  FIFTY-FIVE
dollars.  Notwithstanding the provisions of subdivision seven of section
four hundred forty-one-a of this article, after January first,  nineteen
hundred  eighty-six, the secretary of state shall assign staggered expi-
ration dates for outstanding licenses that have been previously  renewed
on  October  thirty-first  of  each  year  from the assigned date unless
renewed. If the assigned date results in a term that exceeds twenty-four
months, the  applicant  shall  pay  an  additional  prorated  adjustment
together  with  the  regular  renewal  fee. The secretary of state shall
assign dates to existing licenses in a manner which shall  result  in  a
term of not less than two years.

Learn more at The Fair Housing Act ONLINE - 4 CE Credits.