N.Y. Real Property Law § 441: Application for license

§ 441. Application for license. 1. Form. (a) Any person,

copartnership, limited liability company or corporation desiring to act

as a real estate broker or any person desiring to act as a real estate

salesperson on or after the first day of October, nineteen hundred

twenty-two, shall file with the department of state at its office in

Albany an application for the kind of license desired, in such form and

detail as such department shall prescribe and conforming to the

requirements of section 3-503 of the general obligations law, setting

forth the following, if the application be for a broker's license:

(i) The name and residence address of the applicant, and if an

individual the name under which they intend to conduct business.

(ii) If the applicant be a copartnership the name and residence

address of each member thereof and the name under which the business is

to be conducted; or, if the applicant be a limited liability company,

the name of the company, and the name and residence of each of its

members; or, if the applicant be a corporation, the name of the

corporation and the name and residence address of each of its officers.

(iii) The place or places, including the city, town or village, with

the street and number, where the business is to be conducted.

(iv) The business or occupation theretofore engaged in by the

applicant, or, if a copartnership, by each member thereof, or, if a

limited liability company, by each member thereof, or, if a corporation,

by each officer thereof, for a period of two years, immediately

preceding the date of such application, setting forth the place or

places where such business or occupation was engaged in and the name or

names of employers, if any.

(v) The form, information and statement required by section 3-503 of

the general obligations law.

(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

trustworthiness 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

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 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

foregoing 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.

(c) In the event the applicant shall be a licensed salesperson under

this article and shall have submitted acceptable proof pursuant to the

provisions of either paragraph (d) of subdivision one-A of this section

or paragraph (a) of subdivision three of this section of having attended

and successfully completed seventy-seven hours of an approved real

estate course or courses, six hours of which have been focused on fair

housing and discrimination in the sale or rental of real property or an

interest in real property, within eight years of the date of the

application, the department may accept and credit same against the one

hundred fifty-two hours required hereunder.

(d) The one hundred fifty-two hours of an approved real estate course

or courses required by paragraph (b) of this subdivision shall include

instruction on fair housing and discrimination in the sale or rental of

real property or an interest in real property as described in paragraph

(e) of subdivision three of this section and instruction on the licensed

real estate broker's responsibility for ensuring that each licensed real

estate salesman under such broker's supervision is in compliance with

his or her obligations under applicable federal, state, and local laws,

rules, and regulations pertaining to fair housing and discrimination in

the sale or rental of real property or an interest in real property.

1-A. (a) Every application for a real estate salesperson's license

shall set forth:

(i) The name and residence address of the applicant.

(ii) The name and principal business address of the broker with whom

they are to be associated.

(iii) The business or occupation engaged in for the two years

immediately preceding the date of the application, setting forth the

place or places where such business or occupation was engaged in, and

the name or names of employers if any.

(iv) The length of time they have been engaged in the real estate

business.

(v) The form, information and statement required by section 3-503 of

the general obligations law.

(b) Each applicant for a salesperson's license shall provide such

further information as the department may reasonably require, appearing

at such time and place as may be designated by the department, to take a

written examination and answer such questions as may be prepared by the

department to enable it to determine the trustworthiness of the

applicant and the applicant's competence to transact the business of

real estate salesperson in such a manner as to safeguard the interests

of the public, including the applicant's working knowledge of the basic

concepts of law pertaining to contracts, real property, agency and this

article which govern conduct of such business, knowledge of laws, rules,

and regulations pertaining to fair housing and discrimination in the

sale or rental of real property or an interest in real property, mastery

of basic skills needed to perform the applicant's duties, working

knowledge of the ethical obligations of a real estate salesperson, and

knowledge of the provisions of the general obligations law pertaining to

performance of the applicant's duties.

(c) Each application for either a broker's or salesperson's license

under this article shall be subscribed by the applicant; or if made by a

co-partnership it shall be subscribed by a member thereof, or if made by

a corporation it shall be subscribed by an officer thereof, and shall

conform to the requirements of section 3-503 of the general obligations

law. Each application shall contain an affirmation by the person so

subscribing that the statements therein are true under the penalties of

perjury. An application for a license shall be accompanied by the

appropriate license fee, as hereinafter prescribed in this article.

(d) Anything to the contrary herein notwithstanding, on and after the

effective date of this paragraph, no salesperson's license or

conditional license shall be issued by the department unless the

application therefor has been accompanied by proof that prior to such

application the applicant has attended at least seventy-seven hours and

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 properly conducted as to method, content

and supervision. 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 foregoing 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.

2. Renewals. Any license granted under the provision hereof may be

renewed by the department upon application therefor by the holder

thereof, in such form as the department may prescribe and conforming to

the requirements of section 3-503 of the general obligations law, and

payment of the fee for such license. In case of application for renewal

of license, the department may dispense with the requirement of such

statements as it deems unnecessary in view of those contained in the

original application for license but may not dispense with the

requirements of section 3-503 of the general obligations law. A renewal

period within the meaning of this act is considered as being a period of

two years from the date of expiration of a previously issued license.

The department shall require any applicant, who does not apply for

renewal of license within such period, to qualify by passing the written

examination as provided herein, and may require any licensee who has not

yet passed the written examination, and who cannot reasonably prove to

the satisfaction of the department, that he can meet the competency

requirements, to pass the written examination before a renewal of

license shall be granted; provided, however, that a person who failed or

was unable to renew his license by reason of his induction or enlistment

in the armed forces of the United States shall not be required to take

or pass such examination.

3. (a) No renewal license shall be issued any licensee under this

article for any license period commencing November first, nineteen

hundred ninety-five unless such licensee shall have within the two year

period immediately preceding such renewal attended at least twenty-two

and one-half hours which shall include at least two hours of cultural

competency training, 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, at least two hours of

instruction pertaining to implicit bias awareness and understanding, at

least two and one-half hours of instruction pertaining to ethical

business practices, at least one hour of instruction pertaining to

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 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, and successfully completed a continuing education real

estate course or courses approved by the secretary of state as to

method, content and supervision, which approval may be withdrawn if in

the opinion of the secretary of state such course or courses are not

being conducted properly as to method, content and supervision. For

those individuals licensed pursuant to subdivision six of section four

hundred forty-two-g of this article, in the individual's initial license

term, at least eleven hours of the required twenty-two and one-half

hours of continuing education shall be completed during the first year

of the term. Of those eleven hours, three hours shall pertain to

applicable New York state statutes and regulations governing the

practice of real estate brokers and salespersons. To establish

compliance with the continuing education requirements imposed by this

section, licensees shall provide an affidavit, in a form acceptable to

the department of state, establishing the nature of the continuing

education acquired and shall provide such further proof as required by

the department of state. For purposes of this subdivision, "implicit

bias" shall mean the attitudes or stereotypes that affect an

individual's understanding, actions and decisions in an unconscious

manner.

(b) Notwithstanding the provisions of section four hundred one of the

state administrative procedure act, except as provided in this

paragraph, no license issued under this article shall continue in effect

beyond the period for which it is issued if the proof of attendance

required hereunder is not submitted and accepted prior to such

expiration date. The department in its discretion may however issue a

temporary renewal license for such period of time it deems appropriate

to permit the submission of the required proof of attendance when the

failure to submit such proof is not due to the fault of the licensee.

(c) (i) The secretary of state shall promulgate rules establishing the

method, content, setting and supervision requirements of the continuing

education real estate course or courses provided for in this section. In

establishing the requirements for the continuing education course or

courses, the secretary of state shall permit alternatives with respect

to content and method of presentation in consideration of the type of

brokerage practiced and the availability of the sources of such course

or courses in different areas of the state. Each course shall have an

established curriculum composed primarily of real estate practice and

professional responsibility and ethics and properly prepared written

materials of the subject matter which shall be distributed as part of

the course. It shall be taught by a qualified faculty with attorneys

presenting legal subjects. Credit shall be awarded on the basis of one

hour for each sixty minutes of actual attendance and records shall be

maintained of attendance at each session which shall be transmitted to

the department at the conclusion of the course. 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 licensee for the specified time period.

(ii) The secretary of state shall require approved faculty to sign and

affirm, under penalty of perjury, a document, approved by and submitted

electronically to the department of state, attesting to compliance with

all applicable statutory and regulatory requirements pertaining to the

instruction of the established curriculum. The secretary of state shall

promulgate penalties for faculty that fail to meet the obligations

required under this section and department of state regulations

including, but not limited to, the temporary suspension of their

instructor certificate for the first such failure and the revocation of

their instructor certificate for any subsequent failure.

(d) The state real estate board, created pursuant to section four

hundred forty-two-i of this article, shall not have the power to

promulgate any rule, regulation or guidance requiring continuing

education for real estate brokers or salespeople except those

requirements set forth in subdivisions two and three of section four

hundred forty-two-k of this article.

(e) The secretary of state shall, upon notice and a public hearing,

promulgate rules establishing the content of the instruction pertaining

to fair housing and/or discrimination in the sale or rental of real

property or an interest in real property required by paragraph (a) of

this subdivision. Such instruction shall include, but not be limited to,

courses on: (1) the 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; and (4) anti-bias training.

4. The fees provided for by this section shall not be refundable.