Increases the period of supervision required for certain real estate license applications, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5426
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2025
                                ___________
 
 Introduced  by  Sens. SKOUFIS, HINCHEY, MURRAY -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary
 
 AN  ACT  to  amend  the real property law, in relation to increasing the
   period of supervision required for certain real estate license  appli-
   cations

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of subdivision 1 of section 441 of  the  real
 property  law,  as separately amended by sections 6 and 7 of chapter 529
 of the laws of 2022, is amended to read as follows:
   (b) Such further information as the department may reasonably  require
 shall be furnished by the applicant including sufficient proof of having
 taken  and  passed  a written examination and answered such questions as
 may be prepared by the department to enable it to determine  the  trust-
 worthiness  of  the  applicant  if an individual, or of each member of a
 co-partnership or each member of a limited  liability  company  or  each
 officer  of  a  corporation for whom a license as a broker is asked, and
 their competency to transact the business of real estate broker in  such
 a  manner  as  to  safeguard the interests of the public. In determining
 competency, the department shall require proof  that  the  person  being
 tested  to  qualify to apply for a broker's license has a fair knowledge
 of the English language, a fair understanding of  the  general  purposes
 and  general  legal  effect of deeds, mortgages, land contracts of sale,
 and leases, a general and fair understanding of the obligations  between
 principal  and agent, has taken a class on cultural competency training,
 a general and fair understanding of  the  laws,  rules  and  regulations
 pertaining  to  fair housing and discrimination in the sale or rental of
 real property or an interest  in  real  property,  as  well  as  of  the
 provisions  of  this section. The applicant must also furnish proof that
 they have attended for at least one  hundred  fifty-two  hours  and  has
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09066-01-5
 S. 5426                             2
 
 successfully  completed  a real estate course or courses approved by the
 secretary of state as  to  method  and  content  and  supervision  which
 approval  may  be  withdrawn if in the opinion of the secretary of state
 said  course  or  courses are not being conducted properly as to method,
 content and supervision, and that  either  the  applicant  has  actively
 participated in the general real estate brokerage business as a licensed
 real  estate salesperson under the supervision of a licensed real estate
 broker for a period of not less than [two] FIVE CONSECUTIVE years or has
 had the equivalent experience in general  real  estate  business  for  a
 period  of at least three years, the nature of which experience shall be
 established by affidavit duly sworn  to  under  oath  and/or  other  and
 further  proof  required  by the department of state. Computer-based and
 distance-learning courses may be approved by the department so  long  as
 providers demonstrate the ability to monitor and verify participation by
 the applicant for the specified time period. Notwithstanding the forego-
 ing  authority  to approve computer-based and distance-learning courses,
 the department may prescribe that specified subjects or  hours  must  be
 presented in a classroom setting. For purposes of this section, cultural
 competency  is  defined as understanding cultural norms, preferences and
 challenges within our diverse communities.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.