dliu1/legal-llama-raw-text huggingface dataset:
this  state  which would constitute a sex offense, or a sexually violent
offense,  as  defined  in  subdivision  three  of  section  one  hundred
sixty-eight-a  of  the  correction  law or any offense committed outside
this state which would constitute a sexually violent offense, such  real
estate  broker  or real estate salesperson shall within five days of the
imposition of sentence, transmit a certified copy  of  the  judgment  of
conviction to the department of state.
§  441-b.  License fees.   1. 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-five dollars plus an additional thirty dollar
surcharge.  Such surcharge shall be collected by the department of state
and deposited into the anti-discrimination in housing  fund  established
pursuant  to  section  eighty-a  of the state finance law to be used for
statewide fair housing testing efforts. The fee for a license issued  or
reissued  under the provisions of this article entitling a person to act
as a real  estate  salesperson  shall  be  fifty-five  dollars  plus  an
additional  ten  dollar  surcharge. Such surcharge shall be collected by
the department of state and deposited into  the  anti-discrimination  in
housing  fund  established  pursuant  to  section  eighty-a of the state
finance law to be used  for  statewide  fair  housing  testing  efforts.
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
expiration 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.
1-A.  The  fee  for  a  person  to  take an examination offered by the
secretary of state pursuant to this article shall  be  fifteen  dollars.
Fees collected by the department of state pursuant to this article shall
be  deposited  to  the  credit  of  the  business and licensing services
account established pursuant to  section  ninety-seven-y  of  the  state
2. Corporations and co-partnerships. If the licensee be a corporation,
the  license  issued  to  it shall entitle the president thereof or such
other officer as shall be designated by such corporation, to  act  as  a
real  estate broker. For each other officer who shall desire to act as a
real estate broker in behalf of such corporation an  additional  license
expiring  on  the  same  date as the license of the corporation shall be
applied for and issued, as hereinbefore  provided,  the  fee  for  which
shall be the same as the fee required by this section for the license to
the corporation. No license as a real estate salesperson shall be issued
to  any  officer  of  a  corporation  nor  to any manager or member of a
limited liability company nor to a member of a  co-partnership  licensed
as a real estate broker. If the licensee be a co-partnership the license
issued  to  it  shall entitle one member thereof to act as a real estate
broker, and for each other member of the firm who desires to  act  as  a
real  estate  broker  an additional license expiring on the same date as
the license of the co-partnership shall be applied for  and  issued,  as
hereinbefore  provided,  the  fee for which shall be the same as the fee
required by this section for the license to the co-partnership.  If  the
licensee  be a limited liability company, the license issued to it shall
entitle one member thereof or one manager  thereof  to  act  as  a  real
estate  broker,  and  for  each  other member or manager of the firm who
desires to act as a real estate broker an additional license expiring on
the same date as the license of the limited liability company  shall  be
applied  for  and  issued,  as  hereinbefore provided, the fee for which
the limited liability company. In case a person licensed individually as
a real estate broker thereafter becomes an officer of a corporation or a
member or manager of a limited  liability  company  or  a  member  of  a
co-partnership   an   application  shall  be  made  in  behalf  of  such
corporation, limited liability company or co-partnership for a  broker's
license  for  them  as  its representative for the remainder of the then
current  license  term,  provided  that  the  license  and  pocket  card
previously issued to the licensee in  their  individual  capacity  shall
have  been  returned  to  the  department whereupon the department shall
cause a properly signed endorsement to be made  without  charge  on  the
face of such license and pocket card as to such change of license status
and return the license and pocket card to the licensee.
3. Disposition of fees. The department of state shall on the first day
of  each  month make a verified return to the department of taxation and
finance of all fees  received  by  it  under  this  article  during  the
preceding  calendar month, stating from what city or county received and
by whom and when paid.
§   441-c.  Revocation  and  suspension  of  licenses.  1.  Powers  of
department.  (a) The department of state may revoke  the  license  of  a
real  estate  broker or salesperson or suspend the same, for such period
as the department may deem proper, or in lieu thereof may impose a  fine
not  exceeding  two thousand dollars payable to the department of state,
provided that fifty percent of all moneys received by the department  of
state  for  such  fines  shall  be payable to the anti-discrimination in
housing fund established pursuant  to  section  eighty-a  of  the  state
finance  law,  or  a  reprimand  upon  conviction  of  the licensee of a
violation of any provision of  this  article,  or  for  a  violation  of
subdivision four of section four hundred forty-two-h of this article, or
for  a  material misstatement in the application for such license, or if
such licensee has been guilty of fraud or fraudulent practices,  or  for
dishonest    or    misleading    advertising,    or   has   demonstrated
untrustworthiness or incompetency to act as  a  real  estate  broker  or
salesperson,  or for a violation of article fifteen of the executive law
committed in their capacity as a real estate broker or  salesperson,  as
the  case  may  be.  In  the case of a real estate broker engaged in the
business of a tenant relocator, untrustworthiness or incompetency  shall
include engaging in any course of conduct including, but not limited to,
the  interruption  or discontinuance of essential building service, that
interferes with  or  disturbs  the  peace,  comfort,  repose  and  quiet
enjoyment of a tenant.
(b)  (i)  The provisions of this paragraph shall apply in all cases of
licensed broker or licensed salesperson who have failed, after receiving
appropriate notice, to  comply  with  a  summons,  subpoena  or  warrant
relating  to a paternity or child support proceeding or is in arrears in
payment of child support or combined child and spousal support  referred
to the department by a court pursuant to the requirements of section two
hundred  forty-four-c  of  the  domestic  relations  law  or pursuant to
section four hundred fifty-eight-b or five hundred forty-eight-b of  the
family court act.
(ii)  Upon  receipt  of an order from the court pursuant to one of the
foregoing provisions of law based on arrears in payment of child support
or combined child and spousal support, the department, if it finds  such
person  to  be  so licensed, shall within thirty days of receipt of such
order from the court, provide notice to the licensee of, and initiate, a
hearing which shall be held by it at least twenty days and no more  than
thirty  days  after  the  sending  of  such  notice to the licensee. The
hearing shall be held solely for  the  purpose  of  determining  whether
there  exists  as  of the date of the hearing proof that full payment of
all arrears of support established by the order of the court to  be  due
from  the  licensee  have  been  paid.  Proof of such payment shall be a
certified check showing full payment of established arrears or a  notice
issued  by  the court, or the support collection unit where the order is
payable to the support collection unit  designated  by  the  appropriate
social  services  district. Such notice shall state that full payment of
have  been paid. The licensee shall be given full opportunity to present
such proof of payment from the court or support collection unit  at  the
hearing  in person or by counsel. The only issue to be determined by the
department as a result of the hearing is whether the arrears  have  been
paid. No evidence with respect to the appropriateness of the court order
or  ability of the respondent party in arrears to comply with such order
shall be received or considered by the department.
(iii) Upon receipt of an order from the  court  based  on  failure  to
comply  with  a summons, subpoena, or warrant relating to a paternity or
child support proceeding, the department, if it finds such person to  be
so  licensed, shall within thirty days of receipt of such order from the
court, provide notice to the licensee that his or her license  shall  be
suspended within sixty days unless the conditions in subparagraph (v) of
this section are met.
(iv)  Notwithstanding any inconsistent provision of this article or of
any other provision of law to the contrary, the license of a real estate
broker or salesperson shall be suspended if at the hearing, provided for
by subparagraph (ii) of this paragraph, the licensee  fails  to  present
proof  of payment as required by such subdivision. Such suspension shall
not be lifted unless the court or the support collection unit, where the
court order is payable to the support collection unit designated by  the
appropriate  social  services  district, issues notice to the department
that full payment of all arrears of support established by the order  of
the court to be due have been paid.
(v)  Notwithstanding  any inconsistent provision of this article or of
broker or a salesperson  shall  be  suspended  in  accordance  with  the
provisions  of  subparagraph  (iii)  of  this paragraph unless the court
terminates its order to commence suspension proceedings. Such suspension
shall not be lifted unless the court issues an order to  the  department
terminating its order to commence suspension proceedings.
(vi)  The  department  shall  inform  the  court  of all actions taken
hereunder as required by law.
(vii)  This  paragraph  applies  to  paternity   and   child   support
proceedings  commenced  under,  and support obligations paid pursuant to
any order of child support or child and  spousal  support  issued  under
provisions of section two hundred thirty-six or two hundred forty of the
domestic  relations  law, or article four, five, five-A or five-B of the
(viii) Notwithstanding any inconsistent provision of this  article  or
of  any  other  provision of law to the contrary, the provisions of this
paragraph shall apply to the exclusion of any other requirements of this
article and to the exclusion of any other  requirement  of  law  to  the
contrary.
2. Determination of department. In the event that the department shall
revoke  or  suspend any such license, or impose any fine or reprimand on
the holder thereof, its determination shall be in writing and officially
signed. The original of such determination, when  so  signed,  shall  be
filed in the office of the department and copies thereof shall be served
personally  or  by  registered  mail  upon the broker or salesperson and
addressed  to  the  principal  place  of  business  of  such  broker  or
salesperson,  and  to  the  complainant.  All brokers' and salespersons'
licenses and pocket cards shall be returned to the department  of  state
within  five  days  after  the  receipt  of  notice  of  a revocation or
suspension, or in lieu thereof, the broker or salesperson whose  license
has  been  revoked or suspended shall make and file an affidavit in form
prescribed by the department of  state,  showing  that  the  failure  to
return such license and pocket card is due either to loss or destruction
3.  The display of a real estate broker's license after the revocation
or suspension thereof is prohibited.
4. Whenever the license  of  a  real  estate  broker  or  real  estate
salesperson  is  revoked  by  the department, such real estate broker or
real estate salesperson shall be ineligible to be relicensed either as a
real estate broker or real estate salesperson until after the expiration
of a period of one year from the date of such revocation.
§  441-d.  Salesperson's license suspended by revocation or suspension
of employer's license.  The  revocation  or  suspension  of  a  broker's
license  shall  operate  to  suspend  the  license  of  each real estate
salesperson associated with such broker, pending a change of association
of the salesperson or the expiration of the period of suspension of  the
broker's  license. Such suspension of the salesperson's license shall be
deemed to be a discontinuance  of  association  with  the  broker  being
§  441-e.  Denial of license; complaints; notice of hearing. 1. Denial
of license. The  department  of  state  shall,  before  making  a  final
determination to deny an application for a license, notify the applicant
in  writing of the reasons for such proposed denial and shall afford the
applicant an opportunity to be heard in person or by  counsel  prior  to
denial  of the application. Such notification shall be served personally
or by certified mail or in any manner authorized by the  civil  practice
law  and  rules.  If  the  applicant  is a salesperson or has applied to
become a salesperson, the department shall also notify the  broker  with
whom  such  salesperson  is associated, or with whom such salesperson or
applicant is about to become associated, of such proposed denial.  If  a
hearing  is requested, such hearing shall be held at such time and place
as the department shall prescribe. If the  applicant  fails  to  make  a
written  request  for a hearing within thirty days after receipt of such
notification, then the notification of denial  shall  become  the  final
determination  of the department. The department, acting by such officer
or person in the department as the secretary  of  state  may  designate,
shall  have the power to subpoena and bring before the officer or person
so designated any person in this state, and administer an  oath  to  and
take  testimony  of  any person or cause their deposition to be taken. A
subpoena issued under this section  shall  be  regulated  by  the  civil
practice  law  and  rules.  If,  after  such hearing, the application is
denied, written notice of such denial shall be served upon the applicant
personally or by certified mail or in any manner authorized by the civil
practice law and rules, and if the applicant is a  salesperson,  or  has
applied  to become a salesperson, the department shall notify the broker
with whom such applicant is associated.
2. Revocation, suspension, reprimands, fines. The department of  state
shall, before revoking or suspending any license or imposing any fine or
reprimand  on  the  holder  thereof or before imposing any fine upon any
person not licensed pursuant to this article who  is  deemed  to  be  in
violation  of  section  four hundred forty-two-h of this article, and at
least ten days prior to the date set for the hearing, notify in  writing
the holder of such license or such unlicensed person of any charges made
and shall afford such licensee or unlicensed person an opportunity to be
heard  in person or by counsel in reference thereto. Such written notice
may be served by delivery of same personally  to  the  licensee,  or  by
mailing  same  by  certified  mail to the last known business address of
such licensee or unlicensed person, or by any method authorized  by  the
civil  practice  law  and  rules. If said licensee be a salesperson, the
department shall also notify the broker with whom they are associated of
the charges by mailing notice by certified mail  to  the  broker's  last
known  business  address.  The  hearing on such charges shall be at such
time and place as the department shall prescribe.
3. Power to suspend a license. The department, acting by such  officer
or  person  in  the  department as the secretary of state may designate,
shall have the power to suspend a  license  pending  a  hearing  and  to
subpoena and bring before the officer or person so designated any person
in  this  state,  and  administer  an  oath to and take testimony of any
person or cause his deposition to be taken. A subpoena issued under this
§  441-f.  Judicial  review.  The action of the department of state in
granting or refusing to grant or to renew a license under  this  article
or  in  revoking  or  suspending  such a license or imposing any fine or
reprimand on the holder thereof or refusing to revoke or suspend such  a
license  or impose any fine or reprimand shall be subject to review by a
proceeding brought under and pursuant to article  seventy-eight  of  the
civil  practice  law and rules at the instance of the applicant for such
license, the holder  of  a  license  so  revoked,  suspended,  fined  or
reprimanded or the person aggrieved.
§  442.  Splitting commissions. 1. No real estate broker shall pay any
part of a fee, commission or other compensation received by  the  broker
to  any  person  for  any  service, help or aid rendered in any place in
which this article is applicable,  by  such  person  to  the  broker  in
buying, selling, exchanging, leasing, renting or negotiating a loan upon
any  real  estate  including  the resale of a condominium or cooperative
apartment  unless  such  a  person  be  a  duly  licensed  real   estate
salesperson  regularly  associated  with  such broker or a duly licensed
real estate broker or a person regularly  engaged  in  the  real  estate
brokerage  business  in  a state outside of New York; provided, however,
that notwithstanding any other provision of this section,  it  shall  be
permissible  for  a  real  estate  broker  to  pay  any  part  of a fee,
commission, or other compensation received to an unlicensed  corporation
or  an  unlicensed limited liability company if each of its shareholders
or members, respectively, is associated as an individual with the broker
as a duly licensed associate broker or salesperson.
2. Furthermore, notwithstanding any other provision of law,  it  shall
be  permissible  for  a  broker  properly  registered  pursuant  to  the
provisions of article twenty-three-A of the  general  business  law  who
earns  a  commission on the original sale of a cooperative or homeowners
association interest in real estate, including condominium units to  pay
any  part  of  a  fee,  commission  or  other  compensation received for
bringing about such sale to a person whose principal business is not the
sale or offering of cooperatives or homeowners association interests  in
real  property,  including  condominium  units  in this state but who is
either: (i) a real estate salesperson duly licensed under  this  article
who  is  regularly  associated  with  such  broker;  (ii)  a broker duly
licensed under this article; or a person regularly engaged in  the  real
estate brokerage business in a state outside of New York.
Except  when  permitted  pursuant  to the foregoing provisions of this
section no real estate broker shall pay or agree to pay any  part  of  a
fee,  commission,  or other compensation received by the broker, or due,
or to become due to the broker to any person, firm or corporation who or
which is or is to be a party to  the  transaction  in  which  such  fee,
commission  or  other compensation shall be or become due to the broker;
provided, however, that nothing in this section shall  prohibit  a  real
estate  broker  from  offering  any  part of a fee, commission, or other
compensation received by the broker to the seller,  buyer,  landlord  or
tenant   who   is  buying,  selling,  exchanging,  leasing,  renting  or
negotiating a loan upon any  real  estate  including  the  resale  of  a
condominium  or  cooperative  apartment.  Such fee, commission, or other
compensation must not be made to the seller, buyer, landlord  or  tenant
for performing any activity requiring a license under this article.
§  442-a.  Compensation  of salespersons; restrictions. No real estate
salesperson in any place in  which  this  article  is  applicable  shall
receive or demand compensation of any kind from any person, other than a
duly  licensed  real  estate  broker  with whom they associated, for any
service rendered or work done by such  salesperson  in  the  appraising,
buying,  selling,  exchanging, leasing, renting or negotiating of a loan
upon any real estate.
§  442-b.  Discontinuance  or  change  of  salesperson's  association;
report.  When the association of any real estate salesperson shall  have
been  terminated for any reason whatsoever, their broker shall forthwith
notify the department of state thereof in such manner as the  department
shall  prescribe.  Where change of such salesperson's association is the
basis for such termination, the  salesperson's  successor  broker  shall
forthwith  notify  the  department  of such change in such manner as the
department shall prescribe, such notice to be accompanied by  a  fee  of
one  dollar. No real estate salesperson shall perform any act within any
of the prohibitions of this article from and after the  termination  for
any  cause  of their association until they thereafter shall have become
associated with a licensed real estate broker.
§  442-c.  Violations  by  salespersons;  broker's  responsibility. No
violation of a provision of this article by a real estate salesperson or
employee of a real estate broker shall be deemed to  be  cause  for  the
revocation  or  suspension of the license of the broker, unless it shall
appear that the broker had actual knowledge of such violation or retains
the benefits, profits or proceeds of a transaction wrongfully negotiated
by their salesperson or employee after notice of  the  salesperson's  or
employee's  misconduct.  A  broker  shall be guilty of a misdemeanor for
having any salesperson associated with their firm who  has  not  secured
the required license authorizing such employment.
§  442-d.  Actions  for  commissions; license prerequisite. No person,
copartnership, limited liability company or corporation shall  bring  or
maintain  an  action  in  any  court  of  this state for the recovery of
compensation for services rendered, in any place in which  this  article
is  applicable,  in the buying, selling, exchanging, leasing, renting or
negotiating a loan upon any real estate  without  alleging  and  proving
that  such  person was a duly licensed real estate broker or real estate
salesperson on the date when the alleged cause of action arose.
§  442-e.  Violations.  1.  Misdemeanors;  triable in court of special
sessions. Any person who violates any provision of this article shall be
guilty of a misdemeanor. The commission of a single  act  prohibited  by
this  article shall constitute a violation hereof. All courts of special
sessions, within their respective territorial jurisdictions, are  hereby
empowered  to  hear,  try and determine such crimes, without indictment,
and to impose the punishments prescribed by law therefor.
2. Attorney general to prosecute. Criminal actions for  violations  of
this article shall be prosecuted by the attorney general, or his deputy,
in  the name of the people of the state, and in any such prosecution the
attorney general, or his deputy,  shall  exercise  all  the  powers  and
perform  all  the  duties which the district attorney would otherwise be
authorized to exercise or  to  perform  therein.  The  attorney  general