NY Real Prop L § 441 (2021)
2021 New York Laws RPP - Real Property Article 12-A - Real Estate Brokers and Real Estate Salesmen 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 salesman 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 he intends 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 his or 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, as well as of the provisions of this section. The applicant must also furnish proof that he has attended for  at  least one hundred twenty 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 salesman 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.  (c) In the event the applicant shall be a licensed salesman 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-five hours of an approved real estate course or courses within eight years of the date of the application, the department  may  accept  and  credit same against the one hundred twenty hours required hereunder.   1-A. (a) Every application for a real estate salesman'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 he is 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  he  has  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 salesman'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  salesman 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, mastery of  basic  skills needed  to  perform  the  applicant's  duties,  working knowledge of the ethical obligations of a real estate  salesman,  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 salesman'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 salesman'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-five 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  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 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.  (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)  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.  (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.   4. The fees provided for by this section shall not be refundable.