NY Real Prop L § 441-C (2021)
2021 New York Laws RPP - Real Property Article 12-A - Real Estate Brokers and Real Estate Salesmen 441-C - Revocation and Suspension of Licenses.

§   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 salesman or suspend the same, for such period as the department may deem proper, or in lieu thereof may impose a fine not exceeding one thousand dollars payable to the department of state, or  a reprimand  upon  conviction  of  the  licensee  of  a  violation  of any provision 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 salesman, or for a violation  of  article fifteen  of the executive law committed in his or her capacity as a real estate broker or salesman, 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 salesman 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 all  arrears  of support established by the order of the court to be due 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 salesman shall be suspended if at the hearing, provided for by subparagraph  two 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 any other provision of law to the contrary, the license of a real estate 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 family court act.  (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 salesman and addressed to the principal place of business of such broker or salesman, and to the complainant. All brokers' and salesmen's 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  salesman  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 thereof.   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 salesman  is  revoked by the department, such real estate broker or real estate salesman shall be ineligible to be relicensed either  as  a  real estate  broker  or  real estate salesman until after the expiration of a period of one year from the date of such revocation.