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 175.17 - Prohibitions in relation to solicitation and unlawful discriminatory practice

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) No broker or salesperson shall induce or
				  attempt to induce an owner to sell or lease any residential property or to list
				  same for sale or lease by making any representations regarding the entry or
				  prospective entry into the neighborhood of a person or persons of a particular
				  race, color, religion, national origin, age, sex, sexual orientation,
				  disability, gender identity, military status, familial status or any other
				  protected category under any Federal, State or local law applicable to the
				  activities of real estate licensees in New York State
(2)
(i) No
				  licensed real estate broker or salesperson shall solicit the sale, lease, or
				  the listing for sale or lease of residential property after such licensee has
				  received written notice from an owner thereof that such owner or owners do not
				  desire to sell, lease, or list such property.
(ii) Notice provided under the provisions of
				  this subdivision to a real estate broker shall constitute notice to all
				  associate brokers and salespersons who are employed by the real estate
				  broker.
(3)
(i) No licensed real estate broker or
				  salesperson shall solicit the sale, lease, or the listing for sale or lease of
				  residential property from an owner of residential property located in a
				  designated cease-and-desist zone if such owner has filed a cease-and-desist
				  notice with the Department of State indicating that such owner or owners do not
				  desire to sell, lease, or list their residential property and do not desire to
				  be solicited to sell, lease, or list their residential property.
(ii) The following geographic areas are
				  designated as cease-and-desist zones, and, unless sooner redesignated, the
				  designation for the following cease-and-desist zones shall expire on the
				  following dates:
Zone
County of Bronx
Expiration Date October 1, 2022
Within the County of Bronx as follows:
The sections of the area of land in the County of Bronx,
					 City of New York, within the neighborhood commonly referred to as Country Club,
					 and more specifically bounded by and described as follows:
All the land west of the Eastchester Bay south of Griswold
					 Avenue to Bruckner Expressway; thence southerly along the Bruckner Expressway/
					 Throgs Neck Expressway to Layton Avenue; then easterly to the East-chester
					 Bay.
Zone
County of Queens
Expiration Date October 1, 2022
Within the County of Queens as follows:
The sections of the area of land in the County of Queens,
					 City of New York, within the neighborhood commonly referred to as College
					 Point, and more specifically bounded by and described as follows:
Beginning at the intersection of interstate 678 and the
					 East River; thence southerly along interstate 678 to the intersection of
					 interstate 678 and 14th Avenue; thence westerly along 14th Avenue to College
					 Point Boulevard; thence southerly along College Point Boulevard to 28th Avenue;
					 thence westerly to Flushing Bay; thence northeasterly along Flushing Bay and
					 the East River to the point of the beginning.
The sections of the area of land in the County of Queens,
					 City of New York, within the neighborhoods commonly referred to as: Bay Side,
					 Bay Terrace and Murray Hill, and more specifically bounded by and described as
					 follows:
Beginning at the intersection of the Cross Island Parkway
					 and 149th Street; thence southerly along 149th Street to 46th Avenue; thence
					 easterly along 46th Avenue and continuing along Hollis Court Boulevard to
					 interstate 495; thence easterly along interstate 495 to the Cross Island
					 Parkway; thence northerly along the Cross Island Parkway to the point of the
					 beginning.
Zone
County of Rockland
Expiration Date July 1, 2023
Within the County of Rockland as follows:
The area of land situated in the County of Rockland that
					 currently comprises the Incorporated Village of Chestnut Ridge in its entirety.
					 The Village of Chestnut Ridge is more specifically located within the Town of
					 Ramapo, north of the State of New Jersey and the Town of Orangetown; east of
					 the Village of Airmont; south of the Village of Spring Valley; and west of the
					 Towns of Clarkstown and Orangetown.
Zone
County of Kings
Expiration Date
November 1, 2025
Within the County of Kings as follows:
Beginning at the Queens border of Brooklyn to the east and
					 the intersection of Jamaica Avenue to the north; thence westerly along Jamaica
					 Avenue to Pennsylvania Avenue; thence southerly along Pennsylvania Avenue to
					 Sutter Avenue; thence westerly on Sutter Avenue to Van Sinderen Avenue to the
					 west; thence southerly along Van Sinderen Avenue to Linden Boulevard to the
					 south; thence easterly along Linden Boulevard to the Queens border; thence
					 northerly along the border to the point of the beginning on Jamaica
					 Avenue.
Zone
County of Kings
Expiration Date July 1, 2028
Within the County of Kings as follows:
The sections of the area of land in the County of Kings,
					 City of New York, within the neighborhood commonly referred to as Community
					 Board 17, and more specifically bounded by and described as follows: Beginning
					 at the intersection of Utica Avenue and Clarkson Avenue; thence westerly along
					 Clarkson Avenue to East 43rd Street; thence southerly along East 43rd Street to
					 Linden Boulevard; thence westerly along Linden Boulevard to Rogers Avenue;
					 thence southerly along Rogers Avenue to Snyder Avenue; thence westerly along
					 Snyder Avenue to Bedford Avenue; thence southerly along Bedford to Foster
					 Avenue; thence easterly along Foster Avenue to New York Avenue; thence
					 southerly along New York Avenue to Farragut Road; thence westerly along
					 Farragut Road to East 32nd Street; thence southerly along East 32nd Street to
					 Avenue H; thence easterly along Avenue H to Brooklyn Avenue; thence northerly
					 along Brooklyn Avenue to Glenwood Road; thence easterly along Glenwood Road to
					 Albany Avenue; thence northerly along Albany Avenue to Farragut Road; thence
					 easterly along Farragut Road to Schenectady Avenue; thence northerly along
					 Schenectady Avenue to Avenue D; thence easterly along Avenue D to Ditmas
					 Avenue; thence continuing easterly along Ditmas Avenue to Rockaway Parkway,
					 thence northwesterly along Rockaway Parkway to East New York Avenue; thence
					 southwesterly along East New York Avenue to Utica Avenue; thence southerly
					 along Utica Avenue to the point of the beginning at the intersection of Utica
					 Avenue and Clarkson Avenue.
(iii) The names and addresses of owners who
				  have filed a cease-and-desist notice with the Department of State shall be
				  compiled according to the street address for each cease-and-desist zone.
				  Following the first compilation of a list, the list shall be revised and
				  updated annually on or before December 31st. Individual lists shall be
				  identified by geographic area and year.
(iv) A copy of each cease-and-desist list
				  shall be available for inspection at the following offices of the Department of
				  State:
Department of State Division of Licensing Services 99
					 Washington Avenue Albany, New York 12231-0001
Department of State Division of Licensing Services State
					 Office Building Annex 164 Hawley Street Binghamton, New York 13901-4053
Department of State Division of Licensing Services 65 Court
					 Street Buffalo, New York 14202-3471
Department of State Division of Licensing Services Hughes
					 State Office Building Syracuse, New York 13202-1428
Department of State Division of Licensing Services State
					 Office Building Veterans Memorial Highway Hauppauge, New York 11788-5501
Department of State Division of Licensing Services 123
					 William Street New York, New York 10038-3804
(v) The cost of each list compiled pursuant
				  to this subdivision shall be $10 and shall be available upon written request to
				  the following address:
Department of State Division of Licensing Services 123
					 William Street New York, New York 10038-3804
(vi) The original cease-and-desist notice
				  shall be filed with the Department of State's Division of Licensing Services at
				  123 William Street, New York, New York 10038-3804, and shall be available for
				  public inspection and copying upon written request and appointment.
(vii) For the purposes of Real Property Law,
				  section 441-c, it shall not be a demonstration of untrustworthiness or
				  incompetence for a licensee to solicit an owner who had filed a
				  cease-and-desist notice with the Department of State if the owner's name and
				  address do not appear on the current cease-and-desist list compiled by the
				  Department of State pursuant to subparagraph (iii) of this
				  paragraph.
(4)
(i) For the purposes of this subdivision,
				  solicitation shall mean an attempt to purchase or rent or an attempt to obtain
				  a listing of property for sale, for rent or for purchase. Solicitation shall
				  include but not be limited to use of the telephone, mails, delivery services,
				  personal contact or otherwise causing any solicitation, oral or written, direct
				  or by agent:
(a) to be delivered or presented
				  to the owner or anyone else at the owner's home address;
(b) to be left for the owner or anyone else
				  at the owner's home address; or
(c)
				  to be placed on any vehicle, structure or object located on the owner's
				  premises.
(ii)
				  Solicitation shall not include classified advertising in regularly printed
				  periodicals that are not primarily real estate related; advertisements placed
				  in public view if they are not otherwise in violation of this subdivision; or
				  radio and television advertisements.
(5) For the purposes of this subdivision,
				  residential property shall mean one-, two- or three-family houses, including a
				  cooperative apartment or condominium.