Important Information Regarding Changes to NY Real Property Law

On December 21, 2022, new educational standards went into effect for applicants seeking a new real estate broker or salesperson license. As a result of these additional requirements for both new brokers and salespersons, the state no longer has direct reciprocity with other states.

If you’re currently licensed and obtained your license by reciprocity before December 21, 2022, this change does not impact you or the status of your license. You do not need additional qualifying coursework to maintain your current license. To renew your license, you must satisfy the new continuing education standards.

For new applicants (i.e., those applying after December 21, 2022), if you completed your qualifying education out of state, you should request a waiver and provide the following:

• A course description.
• Proof of course completion.
• A detailed outline listing the topics and hours completed.

You will be notified of missing coursework, and our staff will work with you to find an available course to satisfy any missing components.

If you completed qualifying education outside of New York State, you might request a waiver of the course(s) required for a New York State license.

To request a waiver, you must submit the following:

• A course description
• Proof of course completion
• A detailed outline listing the topics and hours completed

The request and documentation can be emailed to dosedmailing@dos.ny.gov.

New Protected Classes Added

New York’s Human Rights Law created two new classes: citizenship and immigration status.

On December 23, 2022, Gov. Hochul signed Bill A6328A/S6586. The bill amends New York Executive Law, Article 15 (i.e., the New York Human Rights Law), to prohibit discrimination based on an individual’s citizenship or immigration status.

The term “citizenship or immigration status” means the citizenship of any person or the immigration status of any person who is not a citizen of the United States. The law clarifies that it does not preclude verification of citizenship or immigration status where required. Additionally, the law does not prohibit an adverse action based on proof of citizenship or immigration status where the adverse action is required by law.

The addition of two more protected classes brings the number of protected classes in New York to race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, lawful source of income, familial status, status as a victim of domestic violence, citizenship, and immigration status.

Under Executive Law §296(5) for all of the aforementioned protected classes: (a) It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, assignee or managing agent of, or other person having the right to sell, rent or lease a housing accommodation, constructed or to be constructed, or any agent or employee thereof:

1. To refuse to sell, rent, lease, or otherwise deny to or withhold from any person or group of persons such a housing accommodation
2. To discriminate against any person
3. To print or circulate or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for the purchase, rental, or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination

Licensees need to be aware of all federal, state, and local protected classes when working with clients, customers, and other members of the public.