reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 171 - Qualifying School Requirements For Bail Enforcement › Section 171.6 - Faculty

Current through Register Vol. 46, No. 28, July 10, 2024
An individual who wishes to teach any part of the 25-hour
					 course shall submit a resume to the Department of State along with evidence
					 that the applicant meets one of the following qualifications:
(a) is an attorney;
(b) is a police instructor;
(c) is an FBI instructor;
(d) has a teacher's certificate from the New
				  York State Education Department;
(e) has five years of full-time experience as
				  a police officer;
(f) has a
				  four-year college degree majoring in criminal justice; or
(g) has five years, full-time experience as a
				  licensed private investigator with significant bail enforcement
				  experience.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 171 - Qualifying School Requirements For Bail Enforcement › Section 171.7 - Retention of records

Current through Register Vol. 46, No. 28, July 10, 2024
Schools conducting approved courses shall retain records
					 for students completing the school's courses for a period of three years after
					 completion of the course. Such records shall, at all times during that period,
					 be available for inspection by a duly authorized representative of the
					 Department of State.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 171 - Qualifying School Requirements For Bail Enforcement › Section 171.8 - Lists

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 days of the completion of a 25-hour course, a
					 school must submit to the Department of State a list of the names and addresses
					 of each student who successfully completed the course.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 171 - Qualifying School Requirements For Bail Enforcement › Section 171.9 - Facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Each 25-hour course shall be presented at a facility as
					 necessary to properly present the course.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 171 - Qualifying School Requirements For Bail Enforcement › Section 171.10 - Auditing

Current through Register Vol. 46, No. 28, July 10, 2024
A duly authorized representative of the Department of State
					 may audit any course, verify attendance and inspect the records of attendance,
					 at any time during its presentation and for a period of three years after the
					 completion of the course.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 171 - Qualifying School Requirements For Bail Enforcement › Section 171.11 - Suspensions and denials of course approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 60 days after receipt of the
				  application for approval of a 25-hour course, the Department of State shall
				  inform the school whether the course has been approved or denied, or whether
				  additional information is needed.
(b) The Department of State may deny, suspend
				  or revoke the approval of a bail enforcement course or instructor if it is
				  determined that either is not in compliance with article 7 of the General
				  Business Law or the rules promulgated thereunder, or if it is determined that
				  either has not adequately presented the course material set forth in section
				  171.3 of this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 171 - Qualifying School Requirements For Bail Enforcement › Section 171.12 - Credit for equivalent education in the bail enforcement field

Current through Register Vol. 46, No. 28, July 10, 2024
The Department of State may grant credit for equivalent
					 education if the applicant provides evidence, satisfactory to the Department of
					 State, of having completed a course of study at an accredited college or
					 university, which course of study includes course work substantially similar to
					 that set forth in section
					 171.3 of this Part. To qualify for
					 credit, the equivalent education may not be less than 25
					 hours.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 171 - Qualifying School Requirements For Bail Enforcement › Section 171.13 - Registration period and fees

Current through Register Vol. 46, No. 28, July 10, 2024
Each registration or renewal period for an approved course
					 shall be 12 months or a part thereof. The registration or renewal period shall
					 commence on January 1st or on the date on which the course is approved and
					 shall expire on December 31st of the same year. The fee for registering a
					 course with the Department of State shall be $25.00 for each registration
					 period. Those registrants who wish to provide courses at locations other than
					 the primary location listed on their initial application shall pay a fee of
					 $25.00 for each additional location.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 172 - Applications › Section 172.1 - Equivalent position and experience-private investigator

Current through Register Vol. 46, No. 28, July 10, 2024
To qualify for equivalent position and experience, under
					 the provisions of section 72 (1)  of the General Business Law, as amended, an
					 applicant for licensure as a private investigator shall have performed
					 investigations as to the identity, habits, conduct, movements, whereabouts,
					 affiliations, associations, transactions, efficiency, loyalty, reputation,
					 character, credit, business or financial responsibility or any person, group of
					 persons, association, organization, society, firm or corporation, or as to the
					 origins or responsibility for crimes and offenses, the location or recovery of
					 lost or stolen property, the cause or origin of, or responsibility for losses
					 or accidental damage or injury to persons or to real or personal property, or
					 to secure evidence to be used before any authorized investigating committee,
					 board of award, board of arbitration or in the trial of civil or criminal cases
					 including as to the credibility of any witnesses. Such investigations shall
					 have been performed for a period of three years, for an employer, firm,
					 organization or governmental agency, whether subject to the provisions of
					 article 7 of the General Business Law or otherwise, which required such
					 investigations in the course of its regular operations, and which such
					 investigations were conducted on a full-time basis in a position the primary
					 duties of which were to conduct investigations and same comprised the major
					 portion of the applicant's activities therein; an applicant may substitute
					 three years' experience supervising and reviewing the work of at least three
					 persons performing such investigations, obtained in a full-time position with
					 such an employer, firm, organization or governmental agency, the primary duties
					 and activities of which were such investigation supervision and
					 review.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 172 - Applications › Section 172.2 - Equivalent position and experience-watch, guard or patrol agency

Current through Register Vol. 46, No. 28, July 10, 2024
To qualify as an equivalent position and experience under
					 the provisions of section 72 (1)  of the General Business Law, an applicant for
					 licensure as a watch, guard or patrol agency shall have performed services as
					 described in article 7-A, section 89-f(6). Such services shall have been
					 performed for a period of two years for an employer, firm, organization or
					 governmental agency, whether subject to the provisions of article 7 of the
					 General Business Law or otherwise, which required such services in the course
					 of its regular operations, on a full-time basis, in a position, the primary
					 duties of which were the performance of such services and same comprised the
					 major portion of the applicant's activities therein; an applicant may
					 substitute two years' experience supervising and reviewing the work of at least
					 three persons performing such services obtained in a position with such an
					 employer, firm, organization or governmental agency, the primary duties and
					 activities of which were such guard supervision and review.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 172 - Applications › Section 172.3 - Notice of criminal conviction

Current through Register Vol. 46, No. 28, July 10, 2024
Any watch, guard or patrol agency licensee or any licensed
					 private investigator, or any licensed bail enforcement agent or any registered
					 security guard who is convicted of a crime as defined in the Penal Law in this
					 State or an offense which would constitute a crime in New York in any other
					 state or Federal or foreign jurisdiction, shall give notice of such conviction
					 to the Department of State, Division of Licensing Services, at its Albany
					 Office, by certified mail, return receipt requested, within 10 days from date
					 of conviction. Such notice shall be given notwithstanding pendency of
					 appeal.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 173 - Statement Of Services To Be Performed › Section 173.1 - Advance statement of services and charges

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No licensed private investigator, watch,
				  guard or patrol agency shall undertake to perform any services on behalf of a
				  client unless such licensee shall have delivered to the client a written
				  statement, signed by the licensee, which shall set forth the specific service
				  or services to be performed and the charge or fee therefor. In the event any or
				  all of the services are to be performed on an hourly or other periodic basis,
				  the rate therefor shall be set forth and a limit fixed as to the number of such
				  periodic units of such services that may be performed without any specific
				  authorization from the client; such statement shall also acknowledge that the
				  licensee shall not perform any services beyond such limit unless the client
				  shall consent thereto in writing.
(b) Anything to the contrary of this Part
				  notwithstanding, the statement provided for in subdivision (a) of this section
				  shall not be required to be delivered if the client and the licensee have
				  entered into an agreement in writing, setting forth the services to be rendered
				  and the fee or charge therefor, except that if the agreement provides for or
				  relates to services to be rendered on a periodic basis and no limit as to such
				  services is established by the agreement and there is no express understanding
				  by the client waiving the fixing of any such limit, the licensee shall deliver
				  the statement provided for in subdivision (a) of this section, to the extent of
				  setting forth a limit as to the number of periodic units to be performed,
				  beyond which no such services shall be performed without the written consent of
				  the client.
(c) The licensee shall
				  obtain an acknowledgment in writing from the client of receipt of any statement
				  of services or charges or executed agreement delivered, or maintain receipt or
				  proof of delivery of such statement.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 173 - Statement Of Services To Be Performed › Section 173.2 - Records to be maintained

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise agreed to in writing the licensee shall
					 deliver to the client a written report, setting forth the services performed on
					 the client's behalf. This report shall be presented to the client at the time
					 of billing and shall be maintained by the licensee for a period of three years
					 after completion of the service, unless there is litigation pending which would
					 require the records to be maintained until the litigation is
					 completed.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 174 - Security Guard Companies › Section 174.2 - Exempt entities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Public
				  entities shall not be required to obtain a license under article 7 of the
				  General Business Law, but shall register employees who provide guard services
				  as defined in article 7A of the General Business Law and these
				  regulations.
(b) Operators of
				  central security or fire alarm stations, whose employees conduct monitoring and
				  reporting services at the central station to police or fire departments, shall
				  not be required to obtain a license under article 7 of the General Business
				  Law, but shall register employees as required in article 7-A.
(c) Entities exempt from the licensing
				  requirement of article 7 shall comply with all sections of law and regulations
				  with regard to the registration and supervision of security guards, the
				  maintenance of personnel records, and the filing of evidence of liability
				  insurance.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 174 - Security Guard Companies › Section 174.3 to 174.4 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 174 - Security Guard Companies › Section 174.5 - Fingerprint requirement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  holder of any license pursuant to article 7 of the General Business Law shall
				  submit the fingerprints of all employees as provided in section
				  170.2 of this Title, or, if a
				  designation has been made pursuant to section 174.3 of this Part, of those
				  employees within the security guard entity.
(b) Security guard companies not subject to
				  licensure pursuant to article 7 shall submit the fingerprints of all security
				  guard employees. Such fingerprints may be taken by any of the methods set forth
				  in section
				  170.2 of this Title, or by a
				  designated person who is employed by the security guard company and who has
				  been previously fingerprinted.
(c)
				  Security guard training schools approved by the Division of Criminal Justice
				  Services may submit the fingerprints of potential security guard registrants
				  and of registered security guards. Such fingerprints may be taken by a
				  designated employee of the training school who has been previously
				  fingerprinted.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 174 - Security Guard Companies › Section 174.6 - Employment as a security guard: due diligence

Current through Register Vol. 46, No. 28, July 10, 2024
Security guard companies shall exercise the following
					 minimum due diligence steps to determine the qualification of an applicant for
					 employment as a security guard:
(a)
				  When the potential guard employee is already registered by the Secretary of
				  State:
(1) Company will have the guard
				  employee applicant complete an employee statement form, as prescribed by the
				  Secretary.
(2) Company will examine
				  the registration card and record the identification number on the employee
				  statement.
(3) Company will call or
				  contact the licensing guard registry and will:
(i) verify the validity of the registration
				  card; and
(ii) confirm training
				  status and determine:
(a) if on-the-job
				  training has been satisfactorily completed;
(b) when the annual in-service training
				  course is due; and
(c) in the case
				  of an armed guard, when the annual armed in-service training is due;
(iii) record guard registry
				  transaction number and date on the employee personnel file.
(4) Submit to the Department of
				  State, within seven days of employment, by regular mail a "Notice of
				  Employment".
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 174 - Security Guard Companies › Section 174.7 - Notice of employment

Current through Register Vol. 46, No. 28, July 10, 2024
All employers shall provide information on the employment
					 of security guards to the Department of State on a notice of employment
					 form.
(a) Notice of employment forms
				  contained on the original application for security guard registration may be
				  filed without additional fee.
(b)
				  Notice of employment forms filed subsequent to the original registration
				  application shall be accompanied by a $25 filing fee.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 174 - Security Guard Companies › Section 174.8 to 174.9 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 174 - Security Guard Companies › Section 174.10 - Disqualifying disability

Current through Register Vol. 46, No. 28, July 10, 2024
A disqualifying disability shall mean: having a physical or
					 mental disability or disability by reason of intoxication or the use of,
					 addiction to or dependence on alcohol or drugs which, as determined by the
					 department, renders the applicant unable to perform the essential functions of
					 the security guard positions, with or without reasonable accommodation, or who,
					 as determined by the department poses a direct threat to health or
					 safety.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 174 - Security Guard Companies › Section 174.11 - Investigation waiver

Current through Register Vol. 46, No. 28, July 10, 2024
The department may after consultation with the Division of
					 Criminal Justice Services waive background investigation and applicable fees if
					 it determines that the security guard company or a security guard applicant
					 submitting the application has been subject to such a background investigation
					 requirement which meets or exceeds the requirements of article 7 or article 7A
					 of the General Business Law. The department shall not be required to initiate
					 background investigations for applicants who are also employed as police
					 officers or as peace officers, and who have fingerprints on file with the
					 Division of Criminal Justice Services.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 174 - Security Guard Companies › Section 174.12 - Security guard registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  individuals hired on or after January 1, 1994 as security guards in New York
				  State shall be registered in accordance with the provisions of article 7A of
				  the General Business Law.
(b) All
				  individuals hired prior to January 1, 1994 as security guards in New York State
				  shall be registered in accordance with the provisions of article 7A of the
				  General Business Law within a 24-month period.
(1) Those individuals hired prior to January
				  1, 1994 in an even year shall be registered during the calendar year 1994 by
				  the anniversary date of their hiring.
(2) Those individuals hired prior to January
				  1, 1994 in an odd year shall be registered during the calendar year 1995 by the
				  anniversary date of their hiring.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.1 - Commingling money of principal

Current through Register Vol. 46, No. 28, July 10, 2024
A real estate broker shall not commingle the money or other
					 property of his principal with his own and shall at all times maintain a
					 separate, special bank account to be used exclusively for the deposit of said
					 monies and which deposit shall be made within three business days. Until such
					 time as the money is deposited into a separate, special bank account, it shall
					 be safeguarded in a secure location so as to prevent loss or misappropriation.
					 Said monies shall not be placed in any depository, fund or investment other
					 than a federally insured bank account. Accrued interest, if any, shall not be
					 retained by, or for the benefit of, the broker except to the extent that it is
					 applied to, and deducted from, earned commission, with the consent of all
					 parties.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.2 - Rendering account for client

Current through Register Vol. 46, No. 28, July 10, 2024
A real estate broker shall, within a reasonable time,
					 render an account to his client and remit to him, any monies collected for his
					 client, and unexpended for his account.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.3 - Managing property for client

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When acting as an agent in the management
				  of property a real estate broker shall not accept any commission, rebate or
				  profit on expenditures made for his client without his full knowledge and
				  consent.
(b) A person, firm or
				  corporation licensed or acting as a real estate broker, and having on deposit
				  or otherwise in custody or control any money furnished as security by a tenant
				  of real property, shall treat, handle and dispose of such money (including any
				  required interest thereon) in compliance with the requirements of section 7-103 
				  of the General Obligations Law. Failure to so comply, including failure to pay,
				  apply or credit any required interest, shall constitute grounds for
				  disciplinary or other appropriate action by the Secretary of State.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.4 - Broker's purchase of property listed with him

Current through Register Vol. 46, No. 28, July 10, 2024
A real estate broker shall not directly or indirectly buy
					 for himself property listed with him, nor shall he acquire any interest therein
					 without first making his true position clearly known to the listing
					 owner.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.5 - Disclosure of interest to client

Current through Register Vol. 46, No. 28, July 10, 2024
Before a real estate broker buys property for a client in
					 the ownership of which the broker has an interest, he shall disclose his
					 interest to all parties to the transaction.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.6 - Broker's sale of property in which he owns an interest

Current through Register Vol. 46, No. 28, July 10, 2024
Before a real estate broker sells property in which he owns
					 an interest, he shall make such interest known to the
					 purchaser.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.7 - Compensation

Current through Register Vol. 46, No. 28, July 10, 2024
A real estate broker shall make it clear for which party he
					 is acting and he shall not receive compensation from more than one party except
					 with the full knowledge and consent of the broker's client.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.8 - Negotiating with party to exclusive listing contract

Current through Register Vol. 46, No. 28, July 10, 2024
No real estate broker shall negotiate the sale, exchange or
					 lease of any property directly with an owner or lessor if he knows that such
					 owner, or lessor, has an existing written contract granting exclusive authority
					 in connection with such property with another broker.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.9 - Inducing breach of contract of sale or lease

Current through Register Vol. 46, No. 28, July 10, 2024
No real estate broker shall induce any party to a contract
					 of sale or lease to break such contract for the purpose of substituting in lieu
					 thereof a new contract with another principal.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.10 - Broker's offering property for sale must be authorized

Current through Register Vol. 46, No. 28, July 10, 2024
A real estate broker shall never offer a property for sale
					 or lease without the authorization of the owner.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.11 - Sign on property

Current through Register Vol. 46, No. 28, July 10, 2024
No sign shall ever be placed on any property by a real
					 estate broker without the consent of the owner.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.12 - Delivering duplicate original of instrument

Current through Register Vol. 46, No. 28, July 10, 2024
A real estate broker shall immediately deliver a copy of
					 any instrument to any party or parties executing the same, where such
					 instrument has been prepared by such broker or under his supervision and where
					 such instrument relates to the employment of the broker or to any matters
					 pertaining to the consummation of a lease, or the purchase, sale or exchange of
					 real property or any other type of real estate transaction in which he may
					 participate as a broker.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.13 - Accepting services of another broker's salesman or employee

Current through Register Vol. 46, No. 28, July 10, 2024
A real estate broker shall not accept the services of any
					 salesman or employee in the organization of another real estate broker without
					 the knowledge of the broker and no real estate broker should give or permit to
					 be given or directly offer to give anything of value for the purpose of
					 influencing or rewarding the actions of any salesman or employee of another
					 real estate broker in relation to the business of such broker or the client of
					 such broker without the knowledge of such broker.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.14 - Termination of salesman's association with broker

Current through Register Vol. 46, No. 28, July 10, 2024
A real estate salesman shall, upon termination of his
					 association with a real estate broker, forthwith turn over to such broker any
					 and all listing information obtained during his association whether such
					 information was originally given to him by the broker or copied from the
					 records of such broker or acquired by the salesman during his
					 association.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.15 - Automatic continuation of exclusive listing contract

Current through Register Vol. 46, No. 28, July 10, 2024
No real estate broker shall be a party to an exclusive
					 listing contract which shall contain an automatic continuation of the period of
					 such listing beyond the fixed termination date set forth
					 therein.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.18 - Use of trade or corporate name

Current through Register Vol. 46, No. 28, July 10, 2024
No licensed real estate broker or applicant applying for a
					 real estate broker's license, may use a trade or corporate name which, in the
					 opinion of the Department of State, is so similar to the trade name or
					 corporate name of any licensed real estate broker that confusion to the public
					 will result therefrom.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.19 - Net listing agreements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  term net listing as used herein shall mean an agency or other agreement whereby
				  a prospective seller of real property or an interest therein, lists such
				  property or interest for sale with a licensed real estate broker authorizing
				  the sale thereof at a specified net amount to be paid to the seller and
				  authorizing the broker to retain as commission, compensation, or otherwise, the
				  difference between the price at which the property or interest is sold and the
				  specified net amount to be received by the seller.
(b) No real estate broker shall make or enter
				  into a "net listing" contract for the sale of real property or any interest
				  therein.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.20 - Branch offices

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
				  branch office shall be owned, maintained and operated only by the licensed
				  broker to whom the license for such office is issued. A branch office shall not
				  be conducted, maintained and operated under an arrangement whereby a licensed
				  salesman or employee of the broker shall pay, or be responsible for, any
				  expense or obligation created or incurred in its conduct, maintenance or
				  operation, or under any other arrangement, the purpose, intent or effect of
				  which shall permit a licensed salesman or employee to carry on the business of
				  real estate broker for his own benefit, directly, or indirectly, in whole or in
				  part.
(b) Every branch office shall
				  be under the direct supervision of the broker to whom the license is issued, or
				  a representative broker of a corporation or partnership holding such
				  license.
(c) No broker shall
				  relocate his principal office or any branch office without prior approval of
				  the department.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.21 - Supervision of salesman by broker

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The supervision of a real estate salesman
				  by a licensed real estate broker, required by subdivision 1(d) of section 441 
				  of the Real Property Law, shall consist of regular, frequent and consistent
				  personal guidance, instruction, oversight and superintendence by the real
				  estate broker with respect to the general real estate brokerage business
				  conducted by the broker, and all matters relating thereto.
(b) The broker and salesman shall keep
				  written records of all real estate listings obtained by the salesman, and of
				  all sales and other transactions effected by, and with the aid and assistance
				  of, the salesman, during the period of his association, which records shall be
				  sufficient to clearly identify the transactions and shall indicate the dates
				  thereof. Such records must be submitted by the salesman to the Department of
				  State with his application for a broker's license.
(c) Participation in the general real estate
				  brokerage business as a licensed real estate salesman shall consist of active
				  service under the supervision of a licensed real estate broker for at least 35
				  hours per week for 50 weeks in each year required for qualification under the
				  law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.22 - Ownership of voting stock by salesmen prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
No licensed real estate salesman may own, either singly or
					 jointly, directly or indirectly, any voting shares of stock in any licensed
					 real estate brokerage corporation with which he is
					 associated.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.23 - Records of transactions to be maintained

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each licensed broker shall keep and
				  maintain for a period of three years, paper and/or electronic records of each
				  transaction effected through his or her office concerning the sale of real
				  property used or occupied, or intended to be used or occupied, wholly or
				  partly, as the home or residence of one or more persons improved by a
				  one-to-four family dwelling, or a condominium or cooperative apartments but
				  shall not refer to unimproved real property upon which such dwellings are to be
				  constructed. Records to be kept and maintained shall contain:
(1) the names and addresses of the seller
				  and the buyer;
(2) the broker
				  prepared purchase contract or binder, or if the purchase contract is not
				  prepared by the broker, then the purchase price and the amount of deposit (if
				  collected by broker);
(3) the
				  amount of commission paid to broker;
(4) the gross profit realized by the broker if purchased by him or
				  her for resale;
(5) any document
				  required under article 12-A of the Real Property Law; and
(6) the listing agreement or commission
				  agreement or buyer-broker agreement.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.24 - Exclusive listings-residential property

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Residential
				  real property as used in this section shall mean real property used or
				  occupied, or intended to be used or occupied, wholly or partly, as a home or
				  residence of one or more persons improved by:
(i) a one to four family dwelling
				  or
(ii) condominium or cooperative
				  apartments but shall not refer to unimproved real property upon which such
				  dwellings are to be constructed.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.25 - Advertising

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Definitions.
(1) Advertising and
				  advertisement mean promotion and solicitation related to licensed real estate
				  activity, including but not limited to, advertising via mail telephone,
				  websites, e-mail, electronic bulletin boards, business cards, signs,
				  billboards, and flyers. Advertising and advertisement shall not include
				  commentary made by a duly licensed real estate salesperson, real estate
				  associate broker or real estate broker that is not related to promoting
				  licensed real estate activity.
(2)
				  Team means two or more persons, one of whom must be an associate real estate
				  broker or real estate salesperson, associated with the same real estate
				  brokerage who hold themselves out or operate as a team.
(3) Real estate brokerage means a real estate
				  company represented by a real estate broker.
(4) Logo means a graphic mark used to
				  identify a real estate broker, associate broker, salesperson or team, but not a
				  photograph of a real estate broker, associate broker, salesperson or team
				  contained in an advertisement.
(5)
				  Property means real property or shares of stock in a cooperative
				  corporation.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.26 - Posting of business signs

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of compliance with subdivision 3 of section
					 441-a of article 12 of the Real Property Law, in an apartment building where
					 the posting of signs is not permitted in the lobby pursuant to the rules and
					 regulations of the building, said sign must be posted on the corridor wall next
					 to the entrance door of the dwelling unit or on the entrance door of the
					 dwelling unit or on the entrance door of the dwelling unit in which the
					 business is conducted.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.27 - Disclaimer

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing in this Part is intended to be, or should be
					 construed as, an indication that a salesperson is either an independent
					 contractor or employee of a broker.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 175 - Regulations Affecting Brokers And Salesmen › Section 175.29 - Posting of Fair Housing Laws

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A real
				  estate broker shall display and maintain at every office and branch office
				  operated by such broker a notice, furnished by the Department, indicating the
				  substantive provisions of the New York State Human Rights Law relative to
				  housing accommodations. The notice shall set forth how Human Rights Law
				  complaints may be filed and such other information as the Department deems
				  pertinent.
(b) The notice required
				  by paragraph (a) of this section shall be prominently displayed in the window
				  of such office and any branch office maintained by such broker if such broker
				  also provides listings or other postings in the window of such location and
				  must be visible to persons on that portion of the sidewalk adjacent to such
				  office or branch office. If any office or branch office is not accessible from
				  the sidewalk or if postings are otherwise prohibited by any other applicable
				  law, then the notice required pursuant to paragraph (a) of this section shall
				  be prominently posted in the same location the business license is posted
				  pursuant to subdivision 3 of section 441-a of article 12 of the Real Property
				  Law.
(c) All websites created and
				  maintained by real estate brokers, associate real estate brokers, real estate
				  salespersons and any real estate team, as such term is defined by section
				  175.25 of this title, shall
				  prominently and conspicuously display on the homepage of such website a link to
				  the Department's notice as required by paragraph (a) of this section, which
				  shall be made available by the Department.
(d) A real estate broker, licensed real
				  estate salesperson, or licensed associate broker shall have displayed at all
				  open houses of all real property the notice required by paragraph (a) of this
				  section. In addition, a real estate broker, licensed real estate agent, or
				  licensed associate broker shall have available at all open houses and showings
				  of all real property the notice required by paragraph (a) of section
				  175.28 of this part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 176 - Approval Of Real Estate Courses › Section 176.1 - Approved entities

Current through Register Vol. 46, No. 28, July 10, 2024
Real estate courses and offerings may be given by any
					 college or university accredited by the Commissioner of Education of the State
					 of New York or by a regional accrediting agency accepted by said Commissioner
					 of Education; public and private vocational schools; real estate boards; and
					 real estate-related professional societies and organizations. No real estate
					 course of study seeking approval may be affiliated with or controlled by any
					 real estate broker, licensed salesperson, licensed or certified real estate
					 appraiser, firm, or company or franchise, or controlled by a subsidiary of any
					 real estate broker, real estate appraiser or franchise.