Conor Gillis - Government Affairs Field Rep, NYSAR

Upcoming effective dates for new CE changes
On July 20, the Department of State published proposed rule-making updates to implement recent changes in education standards for the real estate salesperson qualifying course, which were signed into law by Governor Hochul last December. Under the new law, individuals taking the real estate salesperson qualifying course will be required to take 2 additional hours of pre-licensing education in fair housing; and individuals taking the real estate brokers qualifying course will be required to take an additional 32 hours of pre-licensing education of which 10 hours are devoted to fair housing. Instructors will also be required to submit electronically to the DOS an affirmation of compliance pertaining to the instruction of the established curriculum. The anticipated effective date of these new regulations is December 21, 2022.

DOS will be holding one public hearing for comment on these regulations on September 21, 11:00 a.m. at 123 William Street, 2nd Floor, New York. Read more at nysar.com. Additionally, licensees are required to take 2 hours of implicit bias and 2 hours of cultural competency education within the existing 22.5 hours of required continued education, which will go into effect September 21, 2022.

State Supreme Court strikes down Albany “Good Cause” eviction law
On June 30, State Supreme Court judge Christina Ryba ruled that the City of Albany “good cause” eviction law (Local Law F) was null and void. In the decision, Judge Ryba wrote that state law preempts two main sections of the Albany law, the sections dealing with “necessity for good cause” and “grounds for removal of tenants.”

Judge Ryba wrote in her opinion, “Local Law F expands the rights of a tenant by specifically stating ‘notwithstanding that the tenant has no written lease or that the lease of other rental agreement has expired or otherwise terminated’ the landlord must establish ‘good cause’ in order to evict the tenant,” Ryba wrote. “The court finds that imposing a ‘good cause’ requirement as a prerequisite to eviction when the tenant has no valid lease is in direct conflict with [state law].”

The City of Albany has appealed the decision to the NYS Supreme Court Appellate Division Third Judicial Department. A date for the hearing has yet to be scheduled.

House passes remote online notarization bill
On July 27, the House of Representatives passed the NAR-supported Secure Notarization Act, a bipartisan bill that would federally expand the availability of remote online notarization nationwide. The legislation now goes to the Senate for consideration. Remote online notarization allows a notary and signer in different physical locations to safely and securely execute electronic documents using two-way audiovisual communication. New York State passed new permanent remote notarization legislation, which NYSAR advocated in support of, that went into effect in February 2022 with a new registration process going into effect January 31, 2023. More information and FAQ section can be found on New York’s Department of State site