2023 New York Laws › RPP - Real Property › Article 12-A - Real Estate Brokers and Real Estate Salespersons › 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.