Cease and Desist Zones

Cease and Desist Zone Registration

What are Cease and Desist Zones?
A cease and desist zone is an area designated in regulation to address aggressive real estate solicitation. The regulation prohibits the solicitation of a real estate listing from any homeowner whose name appears on a Department of State issued cease and desist list.

Who is prohibited from soliciting in a cease and desist zone?
Real estate brokers, real estate salespeople and other persons regularly engaged in the buying and selling of real estate are prohibited from soliciting a listing from homeowners included on the cease and desist list.
 

What areas are included in the Cease and Desist Zones?
The zones include the following parts of Kings County:

Kings County (Part of Community Board 17):
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.

Please see the Maps of the zones above.

What does solicitation mean?
The “legal” definition is:

(i) For the purposes of this subdivision, solicitation shall mean: An attempt to purchase or rent or to obtain a listing of a property for sale, for rent or for purchase.

It shall include but not be limited to: telephone, mail, delivery services, personal contact or otherwise causing any solicitation, oral or written direct or by agent: (a) to be delivered or presented to 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; (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 (refer to section 19NYCRR 175.17 of the real estate law booklet on our website.)

Does the Cease and Desist zone include sending out mailings stating they listed or sold a house in the neighborhood?
Yes. Sending of just listed or sold mailings cannot be sent to the individuals named on the list.

Does it also include sending out EDDM (every door direct mail) marketing postcards to highlight: “just listed” or “just sold”?
Yes, EDDMs are considered solicitation. See related decision available here.

Does “homeowner”, in your cease and desist notification, refer to owners of single family homes or does it include owners of multifamily buildings as well?
Homeowner refers to the owners of both single family and multifamily homes.

Does a Cease and Desist Zone apply to both commercial businesses and residential properties?
No, it applies to residential properties only.

I own a home in a Cease and Desist Zone.  How do I add my name and address to the Cease and Desist List?
Homeowners may add their names to the cease and desist list by registering on the Department of State website (see link below) or by requesting and completing a registration form. Click on Cease and Desist Zone Registration from the section above. It brings up a form you can submit electronically.

How do I get a copy of the Cease and Desist list?
The list will be available on the Department’s website for free, or available for purchase for $10.00. The Department expects the first list to be available beginning December 1, 2017.

How often will the list be updated?
The list will be updated monthly.

Our company uses Facebook to boost Facebook posts which often are a description of a property for sale, or advertisement about our company services. (Boosting a post, placing a Facebook advertisement allows a person to share a post with a zip code or town, or a radius around a town.) Would this be considered a violation of the of cease and desist order?
Facebook posts are not delivered or addressed to the home address or owner’s premises, so they would not be prohibited by the rule.

Would investment and management companies who buy properties or land in these areas fall under “or any other person regularly engaged in the business or trade of buying and selling property”?
Yes, investment and management companies that regularly buy properties and try to solicit sales of homes are subject to the rule.