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 175.28 - Notification of Fair Housing Laws

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A real
				  estate broker shall be responsible to ensure that each individual licensed
				  pursuant to Article 12-A of the New York Real Property Law and associated with
				  such broker provides to a prospective purchaser, tenant, seller, or landlord
				  upon first substantive contact a disclosure notice furnished by the Department,
				  containing substantive provisions of the New York State Human Rights Law. The
				  disclosure notice shall set forth how Human Rights Law complaints may be filed,
				  and such other information as the Department deems pertinent.
(b) The disclosure notice required pursuant
				  to paragraph (a) of this section, may be provided to a prospective purchaser,
				  tenant, seller, or landlord by any of the following means: email, text,
				  electronic messaging system, facsimile, or hardcopy. An electronic
				  communication containing a link to the disclosure notice required pursuant to
				  paragraph (a) of this section shall be permissible, provided the communication
				  also contains text to inform the prospective purchaser, tenant, seller, or
				  landlord that the link contains information regarding the New York State Human
				  Rights Law. Oral disclosure does not satisfy the requirements imposed by this
				  section.
(c) The disclosure notice
				  required by paragraph (a) of this section shall apply to all real property
				  whether or not it is used or occupied, or intended to be used or occupied,
				  wholly or partly, as a home or residence of one or more persons regardless of
				  the number of units, and shall include: condominiums; cooperative apartments;
				  vacant lands, including unimproved real property upon which such dwellings are
				  to be constructed; or commercial properties.
(d) A real estate broker, licensed real
				  estate salesperson, or licensed associate broker that provides the disclosure
				  notice required pursuant to this section by hardcopy, shall obtain a signed
				  acknowledgment from the prospective buyer, tenant, seller, or landlord. Such
				  signed disclosure notice shall be retained for not less than three years. A
				  real estate broker, licensed real estate salesperson, or licensed associate
				  broker that provides the disclosure notice required pursuant to this section by
				  email, text, electronic messaging system, or facsimile, shall maintain a
				  duplicate copy of such disclosure and shall retain the same for not less than
				  three years. If the prospective buyer, tenant, seller, or landlord declines to
				  sign the disclosure notice, the real estate broker, licensed real estate
				  salesperson or licensed associate broker shall set forth under oath or
				  affirmation a written declaration of the facts regarding when such notice was
				  provided and shall maintain a copy of the declaration for not less than three
				  years.