Real Estate Office Manager

On December 21, 2021, the Real Property Law was changed to require that before appointment as an office manager, an associate broker shall have been active as a licensed associate broker for at least two of the four years preceding appointment. Additionally, office managers are required to exercise the same duty of supervision over salespersons and associate brokers as a licensed real estate broker.

This change was made to New York Real Property Law Section 440(6) which now provides:

 “Office manager” means a licensed associate real estate broker who shall by choice elect to work as an office manager under the name and supervision of another individual broker or another broker who is licensed under a partnership, trade name, limited liability company or corporation. An associate real estate broker shall be required to have been active as a licensed associate broker for at least two of the four years preceding appointment as an office manager. Such individual shall retain his or her license as a real estate broker as provided for in this article and shall be required to exercise the same duty of supervision over salesmen and associate brokers as a licensed real estate broker; provided, however, that the practice of real estate sales and brokerage by such individual as an associate broker shall be governed exclusively by the provisions of this article as they pertain to real estate salesmen. Nothing contained in this subdivision shall preclude an individual who is licensed as an associate broker who elects to work as an office manager from also retaining a separate real estate broker's license under an individual, partnership, trade name, limited liability company or corporation.

On December 21, 2021, New York Real Property Law section 442-h (rules of the Secretary of State relating to real estate brokers and salespersons) was amended to require, in part, that real estate brokers “institute standardized operating procedures for the prerequisites prospective homebuyers must meet prior to receiving any services.”

The December amendment to section 442-h was signed contingent upon an agreement the Governor reached with the legislature to revise the legislation (Governor’s Approval Memo #80).  The bill signed in December required, after a notice and hearing by the Department, that regulations be created addressing, at minimum: 

(i) whether prospective clients shall show identification;

(ii) whether an exclusive broker agreement is required; and

(iii) whether pre-approval for a mortgage loan is required.

The December amendment also required that every broker file a copy of such procedures with the Department.

After the December amendment was enacted, the Legislature introduced and subsequently passed the agreed upon change that, in relevant part, REMOVES the requirement that brokers file such standardized operating procedures with the Department. The changes, (S.7729, same as A.9175) passed the legislature on March 15, 2022 are available here.

Under Senate Bill S.7729, starting April 20, 2022, every real estate broker, operating within the State of New York, shall have on each publicly available website and mobile device application they maintain a list of standardized operating procedures. Additionally, each publicly available website and mobile device application operated by an associated agent or “team” of such broker, shall have posted their broker’s standardized operating procedures or a direct link to such information on their broker’s website.

Brokers must keep an archive of all standardized procedures, for as long as they are actively licensed, by having each amendment date stamped and notarized. All new procedures must be posted and made available, at each brokerage office and online, within 30 days of any changes.

Any broker or salesperson operating under a brokerage license that fails to adhere to such operating procedures shall be subject to discipline.

As of the date of this notice, the Department is not considering expanding the list of standard operating procedures.

In consideration of Governor’s Approval Memo #80 and Senate Bill S.7729, the Department will not require brokers to submit their standardized operating procedures and no discipline will be taken against any broker who failed to file such procedures after December 21, 2021. Brokers must have such procedures in place, and publicly available, no later than April 20, 2022.

Standardized Operating Procedures

On December 21, 2021, New York Real Property Law section 442-h (rules of the Secretary of State relating to real estate brokers and salespersons) was amended to require, in part, that real estate brokers “institute standardized operating procedures for the prerequisites prospective homebuyers must meet prior to receiving any services.”

The December amendment to section 442-h was signed contingent upon an agreement the Governor reached with the legislature to revise the legislation (Governor’s Approval Memo #80).  The bill signed in December required, after a notice and hearing by the Department, that regulations be created addressing, at minimum: 

(i) whether prospective clients shall show identification;

(ii) whether an exclusive broker agreement is required; and

(iii) whether pre-approval for a mortgage loan is required.

 

The December amendment also required that every broker file a copy of such procedures with the Department.

After the December amendment was enacted, the Legislature introduced and subsequently passed the agreed upon change that, in relevant part, REMOVES the requirement that brokers file such standardized operating procedures with the Department. The changes, (S.7729, same as A.9175) passed the legislature on March 15, 2022 are available here.

Under Senate Bill S.7729, starting April 20, 2022, every real estate broker, operating within the State of New York, shall have on each publicly available website and mobile device application they maintain a list of standardized operating procedures. Additionally, each publicly available website and mobile device application operated by an associated agent or “team” of such broker, shall have posted their broker’s standardized operating procedures or a direct link to such information on their broker’s website.

Brokers must keep an archive of all standardized procedures, for as long as they are actively licensed, by having each amendment date stamped and notarized. All new procedures must be posted and made available, at each brokerage office and online, within 30 days of any changes.

Any broker or salesperson operating under a brokerage license that fails to adhere to such operating procedures shall be subject to discipline.

As of the date of this notice, the Department is not considering expanding the list of standard operating procedures.

In consideration of Governor’s Approval Memo #80 and Senate Bill S.7729, the Department will not require brokers to submit their standardized operating procedures and no discipline will be taken against any broker who failed to file such procedures after December 21, 2021. Brokers must have such procedures in place, and publicly available, no later than April 20, 2022.

Remote Notarization

Effective 2/25/22, remote notarization is now authorized in New York State, per section 135-c of the executive law. Please see FAQs for more information.

Real Estate Salesperson, Broker and Branch Offices Licenses

Effective January 21, 2022, there will be an increase in the fees for real estate salesperson, real estate broker and real estate branch office licenses. The new fee for salespersons will be $65, the fee for brokers and branch offices will be $185. This increase applies to both initial and renewal applications.

Licensing Businesses: Chrohn's and Colitis Fairness Act

The Crohn's and Colitis Fairness Act requires that businesses give people with eligible gastrointestinal diseases or an ostomy device the right to access an employee-only toilet facility in a place of business that is already open to the public, provided that: it is during normal business hours; there are at least two employees working at the time of the request; using that facility would not create a health, safety, or security risk to the employees or the requesting individual; and a public restroom is not immediately accessible to the requesting individual. The Department of Health has developed a NYS Crohn’s and Colitis Identification Card to allow individuals to easily communicate and verify their condition to businesses. More information can be found at NY Crohn’s and Colitis ID Card.

For Course Providers Re. Remote Learning

NEW: Effective December 7, 2021, new regulations allow schools already approved by the department to offer qualifying and continuing education courses virtually via live remote programs.

Live distance education means providing instruction, in real-time, where the approved instructor and student are physically separated but the education program utilizes remote technology to allow each person to view and communicate with each other in a live and interactive manner that transmits simultaneous live audio and video. Approved providers, at their choosing and subject to reasonable restrictions, may now offer live distance education courses after approval by the department.

 The Department of State issued this emergency regulation in consideration of the COVID-19 pandemic. The emergency action adds a new Part 159 to Chapter V, prior to Subchapter A, of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York.

 

see regulations