NY Real Prop L § 442-G (2021)
2021 New York Laws RPP - Real Property Article 12-A - Real Estate Brokers and Real Estate Salesmen 442-G - Nonresident Licensees.

§  442-g.  Nonresident  licensees.  1. A nonresident of this state may   become a real estate broker or a real estate salesman 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 salesman, 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 salesman by another state  as  satisfactorily   qualifying  him  for  license as broker or salesman, as the case may be,   under this section; provided that the laws of the state of which he is a   resident require that applicants for licenses as real estate brokers and   salesmen 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   salesman 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  salesman  at  the post office address of his main office as   set forth in the last application filed by him.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   salesman 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.