2006 New York Code - Non-solicitation Areas.



 
    §  8-204  Non-solicitation  areas.  1. The commission may designate an
  area as a non-solicitation area for a period of  up  to  one  year  upon
  making  written  findings  based on substantial evidence introduced at a
  public hearing that:
    (a) practices made unlawful by section  8-203  of  this  chapter,  the
  inducement  or  encouragement  by  brokers  or  dealers  of  the  use of
  fraudulent mortgage applications for the purchase of dwellings,  or  the
  direction  based  on race, creed, color or national origin by brokers or
  dealers of prospective purchasers or  applicants  to  dwellings,  or  an
  unusually  great  incidence  of  solicitation are consistently occurring
  within the area, and that
    (b) such practices are causing, or  are  likely  to  cause,  residents
  within the area to believe that:
    (1)  property  values  in  the area are declining, or about to decline
  rapidly; or
    (2) the area is experiencing, or is about to experience:
    (i) a declining level of maintenance of its housing stock; or
    (ii) an increase in criminal behavior; or
    (iii) a change in the racial, religious or ethnic composition  of  the
  schools in the area; or
    (3)  the  area  is experiencing, or is about to experience, a material
  change in its racial, religious or ethnic composition; and
    (c) therefore, the temporary prohibition  in  the  area  of  the  real
  estate  activities  described  in  section  8-205  of  this  chapter  is
  necessary to prevent a material change in the area's  racial,  religious
  or ethnic composition.
    2.  The  commission  may extend one or more times the designation of a
  non-solicitation area made pursuant to subdivision one of  this  section
  for  a  period  of up to one year upon making written findings, based on
  substantial evidence introduced at a public hearing, that such extension
  is necessary to achieve  the  designation's  purpose,  as  described  in
  paragraph  (c)  of  subdivision  one of this section, provided, however,
  that no extension may be  granted  which,  together  with  the  original
  designation    and    all   previous   extensions,   will   maintain   a
  non-solicitation area for a continuous period greater  than  two  years.
  The  public  hearing on any extension shall be held not more than thirty
  days before the day on which the designation  or  earlier  extension  is
  scheduled to expire.
    3.  (a)  The  commission  shall promptly announce by legal notice each
  designation made pursuant to subdivision one of this  section  and  each
  extension  made  pursuant to subdivision two of this section, describing
  the area to  which  it  applies  by  references  to  named  streets  and
  landmarks.  Any designation shall take effect upon the completion of the
  publication required for legal notice. Any extension shall  take  effect
  at  the  time  at  which  the  designation  or  earlier  extension would
  otherwise expire.
    (b)  The  commission  shall  maintain,  and  make  available  to   all
  interested  persons,  a  current  listing of designated non-solicitation
  areas.
    4. The commission may, at any time, terminate  the  designation  of  a
  non-solicitation  area  made pursuant to subdivision one of this section
  or the extension of a designation made pursuant to  subdivision  two  of
  this  section  upon  making  findings,  based  on  substantial  evidence
  introduced at a public hearing, that the continuation of the designation
  or its extension is no longer necessary  to  achieve  the  designation's
  purpose, as described in this section.

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