NY Real Estate Continuing Education Requirements Updated

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

As of 9/21/2022. 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. 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)
• 2 hours of Implicit Bias Awareness
• 2 hours of Cultural Competency Training

Effective September 21, 2022, as part of the 22.5 hours of continuing education required to renew both real estate salespersons and brokers will be required to complete at least 2 hours of instruction pertaining to implicit bias awareness and at least two hours of cultural competency training. Implicit bias is defined as the attitudes or stereotypes that affect an individual’s understanding, actions and decisions in an unconscious manner. Cultural competency is defined as understanding cultural norms, preferences and challenges within our diverse communities.

Below lists the new requirements effective September 21, 2022.

Any real estate licensee submitting an application for renewal for a license expiring on or after September 21, 2022 must successfully complete 22.5 hours of approved continuing education. The education must include at least two hours on the subject of cultural competency, at least two hours on the subject of implicit bias, at least two and a half hours on the subject of ethical business practices, at least one hour of recent legal matters, at least three hours of instruction pertaining to fair housing and/or discrimination in the sale or rental of real property or an interest in real property and at least one hour of instruction pertaining to the law of agency except in the case of the initial two-year licensing term for real estate salespersons, two hours of agency related instruction must be completed within the two-year period immediately preceding a renewal.

If you are renewing your license before 9/21/22: 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)

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

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.

To satisfy your 2022 NY real estate continuing education requirements you can take our Package F. 

Handicapped Parking Discrimination - Proposed Legislation

A disabled individual can sue a property owner and its tenants for discrimination if technical specifications for handicapped parking are not followed to a tee. 

The Americans with Disabilities Act provides disabled individuals with a national right to have access at places of public accommodation, including by such places providing the right number / dimensions / signage as to handicapped spaces. On the state and local level, disabled individuals have even greater rights as against property owners and tenants for parking access discrimination. Taken together, property owners and tenants are charged with doing the right thing or losing their shirt in a discrimination lawsuit. 

Yet, what happens when a property owner and their tenants do the right thing, but some IDIOT blocks the spaces? New York State's Legislators have proposed an amendment to the Vehicle and Traffic Law to increase enforcement against blocking spots by expanding the types of properties that are subject to the law where officers can ticket the offender and remove / impound the vehicle. 

If the law passes, A9805 will also become applicable to "a shopping center or facility which at least one but less than five separate retail stores and at least twenty off street parking spaces provided for use by the shopping public." 

However, the ticket is just $50 to $75. Is that enough? 

Stop Sexual Assault and Harassment in Transportation Act Passes the House

The Stop Sexual Assault and Harassment in Transportation Act passed the House on March 30, 2022 and now makes its way to the senate. 

If passed, the Act will require airlines, railroads, vessels, buses, and transit entities (e.g., Uber / Lyft) to establish "a formal policy with respect to transportation sexual assault or harassment incidents" together with appropriate trainings. 

It is specifically designed to notice, warn, prevent, and combat sexual assault and harassment by the public and staff making transportation safe for all involved. 

The Act establishes civil penalties against harassers starting at $35,000. 

Shouldn't it be safe to travel and shouldn't it be safe to work in transit?

NYC Salary Transparency in Job Advertisements FAQ Published

The NYC Commission on Human Rights published its FAQ that needs to be reviewed and adhered to by any employer advertising positions that may be performed in NYC starting on May 15, 2022.  

If you are an employer who is seeking an employee whose job may be performed, in whole or in part, in NYC, you will need to comply with Local Law 32 of 2022, which requires salary transparency. 

To comply, employers' advertisements "must state the minimum and maximum salary they in good faith believe at the time of the posting." 

Be sure to do this correctly because the FAQ reminds employers that "[e]mployers and employment agencies who are found to have violated the NYCHRL may have to pay monetary damages to affected employees and civil penalties of up to $250,000."

Construction Workers' Wage & Hour Claims are about to Blow-Up

On March 18, 2022, a new NYS law provides that a General Contractor will now have 10 business days from receipt of notice of unpaid wages by a subcontractor's employee to pay such subcontractor's employee earned wages, benefits, and/or wage supplements earned, or such General Contractors can be sued for the wages for the previous 3 years. 

General Contractors must implement hour tracking for their subcontractors' employees immediately because they are liable for time and a half for overtime. 

Plus, General Contractors should act swiftly if they receive the new statutory 10 business day notice because if the subcontractors' employee sues, they will be liable for statutory penalties (liquidated damages) plus attorneys' fees in a court case.

Ketanji Brown Jackson's Supreme Court Confirmation Hearing. Analysis with Andrew Lieb on NBC LX

More Attorneys' Fees Available under NYS Human Rights Law for Discrimination Cases

On March 18, 2022, Governor Hochul signed S7733 into law and clarified that "the awarding of attorney's fees in credit discrimination cases is not limited to only those discrimination cases alleging sex-based discrimination."

This law is particularly important for race discrimination, which is highly prevalent in the credit discrimination arena. 

Regardless, whenever a victim can recover his / her / its legal fees incident to overcoming discrimination, that's a good thing and this clarification is helpful for discrimination victims throughout NYS.

US Supreme Court Invites Discrimination Against Same-Sex Applicant to Religious Organization

What happens when there is "an employment dispute between a religious employer and an applicant who was not hired because he disagreed with that employer’s religious views?" 

Stated otherwise, isn't allowing an employer to deny a job to someone who disagrees with their religious views a license to discriminate? 

To get specific, what should happen if a religious employer refuses to hire a bisexual applicant in a same-sex relationship just because of such orientation and relationship status? 

Should it matter if that applicant applied to work as a staff attorney rather than as a minister for the employer? 

While the US Supreme Court declined their opportunity to let us know for sure, with binding precedent, in Seattle's Union Gospel Mission v. Woods, their denial of certiorari seemingly indicates that they are inclined to allow religious employers to discriminate against same-sex individuals and prevent such individuals from working in any aspect within the organization, even outside of a religious job like a minister. 

New Standard Operating Procedures (SOPs) Law for Real Estate Brokers Signed by NYS Governor

A new anti-discrimination law is set to replace the current Standard Operating Procedure Law for NYS real estate brokers / salespersons. 

The current law is explained at our blog here and Governor Hochul's prior memorandum, from when she signed such law, indicating a change in the future, is here. 

Now, Governor Hochul has signed S7729 and made her promised changes to the Standard Operating Procedure Law. 

If you are confused, here is the Lieb Cast discussing this confusion and straightening it all out.

Here are the big 4 takeaways:

1. Real Estate Brokers must have Standard Operating Procedures (SOPs) as to:

(i) whether prospective clients shall show identification;

(ii) whether an exclusive broker agreement is required; [and]

(iii) whether pre-approval for a mortgage loan is required; and

(iv) any other such standard operating procedures as the Secretary of State shall determine by regulation and upon notice and public hearing. 

2. Rather than brokerage firms being required to submit such SOPs to the Secretary of State, as required under the current law, under the new law, they will be required to first date stamp and notarize their SOPs, and then, post them on any publicly available website and mobile device application that the brokerage / team(s) / salesperson(s) maintain while also making them available, on request, to the public at their office locations;

3. On license renewal, brokers will be required to affirm their compliance with the new law to the Department of State; and 

4. Brokers must follow the current law until July 16, 2022 when this new law is first effective.

Remember, brokers who stray from their SOPs are going to have to explain, to DOS and/or in a discrimination lawsuit, why a particular buyer / tenant is being treated differently from the SOPs and how that act does not constitute discrimination.

 

 

5 Tips if you Face Discrimination

If you think that you are being discriminated against at work, in housing, within education, or during any other aspect of your life, you should take the following 5 steps immediately:

1. Make Records: Memory fades and uncorroborated facts are unbelievable so you need to create evidence if you plan to bring a discrimination claim. If you live in a state like NY, where recording a conversation only requires one-party consent, then, start recording all of your conversations with witnesses and perpetrators immediately. If not, stick to a daily diary of events. Either way, get that evidence recorded starting now.
2. Save Documents: If discrimination is occuring at work, make sure to take all of your employment agreements, policy manuals, and procedure documents and put them onto your personal computer or turn them into printed form. If discrimination is happening in housing, compile your lease, house rules, and all other written documents and make sure they are similarly saved. Remember, from the moment that you believe that you are a discrimination victim, you need to start creating a file of all the relevant documents to the discriminatory events, including everything peripheral thereto. When in doubt as to whether a document is relevant, save the document. 
3. Befriend Witnesses: They say it takes a village and that couldn't be more true when you are trying to overcome discrimination that is wronging you. To win a discrimination case, you need allies and advocates in your corner. Did you know that your allies are also protected under discrimination law and can bring a claim themselves if they face retaliation for assisting you? 
4. Stay Strong: Most victims are afraid to fight for their rights because they fear that they will face a worse situation if they speak up. If this is you, please know that every act of retaliation against you gives you a further legal claim against the perpetrator. Did you know that even if you lose your discrimination case, you can still recover damages on a retaliation claim? So, don't be afraid to speak up and fight for your rights.  
5. Protect Yourself: This is the most important tip that we can give. You should always worry less about your ability to sue for damages incident to being discriminated against and worry more about being safe. If you feel in danger, always get out of that situation immediately and call the police. 

Finally, remember to always consult with an attorney because your attorneys' legal fees are recoverable as damages in a discrimination claim and nothing replaces receiving tailored advice for your specific situation before you act to stop it.