N.Y. Real Property Law § 442-g: Nonresident licensees

§ 442-g. Nonresident licensees. 1. A nonresident of this state may

become a real estate broker or a real estate salesperson by conforming

to all of the provisions of this article, except that a nonresident

broker regularly engaged in the real estate business as a vocation who

is licensed and maintains a definite place of business in another state,

which offers the same privileges to the licensed brokers of this state,

shall not be required to maintain a place of business within this state.

Anything to the contrary herein notwithstanding, if any state prohibits

or restricts the right of a resident of this state to become a licensed

nonresident real estate broker or salesperson, then the issuance of such

a license to an applicant resident in such state shall be similarly

restricted. The department of state shall recognize the license issued

to a real estate broker or salesperson by another state as

satisfactorily qualifying them for license as broker or salesperson, as

the case may be, under this section; provided that the laws of the state

of which they are a resident require that applicants for licenses as

real estate brokers and salespersons shall establish their competency by

written examinations but permit licenses to be issued to residents of

the State of New York duly licensed under this article, without

examination. If the applicant is a resident of a state which has not

such requirement then the applicant must meet the examination

requirement as provided herein and the department of state shall issue a

license to such nonresident broker or salesperson upon payment of the

license fee and the filing by the applicant with the department of a

certified copy of the applicant's license issued by such other state.

2. Every nonresident applicant shall file with his application or

renewal application an irrevocable consent on a form prescribed by the

department of state submitting himself to the jurisdiction of the courts

of this state and designating the secretary of state of the state of New

York as his agent upon whom may be served any summons, subpoena or other

process against him in any action or special proceeding. Such process

may issue in any court in this state having jurisdiction of the subject

matter, and the process shall set forth that the action or special

proceeding is within the jurisdiction of the court.

3. Service of such process upon the secretary of state shall be made

by personally delivering to and leaving with him or his deputy or with

any person authorized by the secretary of state to receive such service,

at the office of the department of state in the city of Albany,

duplicate copies of such process together with a fee of five dollars if

the action is solely for the recovery of a sum of money not in excess of

two hundred dollars and the process is so endorsed, and a fee of ten

dollars in any other action or proceeding, which fee shall be a taxable

disbursement. If such process is served upon behalf of a county, city,

town or village, or other political subdivision of the state, the fee to

be paid to the secretary of state shall be five dollars, irrespective of

the amount involved or the nature of the action on account of which such

service of process is made. If the cost of registered mail for

transmitting a copy of the process shall exceed two dollars, an

additional fee equal to such excess shall be paid at the time of the

service of such process. Proof of service shall be by affidavit of

compliance with this subdivision filed by or on behalf of the plaintiff

together with the process, within ten days after such service, with the

clerk of the court in which the action or special proceeding is pending.

Service made as provided in this section shall be complete ten days

after such papers are filed with the clerk of the court and shall have

the same force and validity as if served on him personally within the

state and within the territorial jurisdiction of the court from which

the process issues.

4. The secretary of state shall promptly send one of such copies by

registered mail, return receipt requested, to the nonresident broker or

nonresident salesperson at the post office address of their main office

as set forth in the last application filed by him or her.

5. Nothing in this section shall effect the right to serve process in

any other manner permitted by law.

6. Notwithstanding any other provisions of this article, the

department of state shall grant a real estate broker or a real estate

salesperson license to an applicant who is a member of the household of

a member of the armed forces of the United States, national guard or

reserves and was a member of such household before such member of the

armed forces relocated to the state who submits satisfactory evidence of

licensure, certification or registration to practice an equivalent

occupation issued by a state, territory, protectorate or dependency of

the United States, provided that such license, certification or

certificate of registration was current and effective within one year of

the date of the individual's application for licensure in New York, was

granted in compliance with standards that are, in the judgment of the

secretary, no less rigorous than those required for licensure in New

York. If such standards for licensure, certification or registration are

deemed by the secretary to be less rigorous than those required for

licensure in New York, the secretary shall permit an applicant to submit

evidence in a form acceptable to the department of state to demonstrate

the applicant's competency and trustworthiness. If such evidence is

sufficient in the judgment of the secretary, the secretary shall grant a

real estate broker or real estate salesperson license.