2010 New York Code
RPP - Real Property
Article 12-A - (440 - 443-A) REAL ESTATE BROKERS AND REAL ESTATE SALESMEN
442-H - Rules of the secretary of state.

§  442-h.  Rules of the secretary of state. 1. The secretary of state,
  and not the state real  estate  board  established  under  section  four
  hundred  forty-two-i  of  this  article,  shall  adopt  such  rules  and
  regulations as the secretary of state may determine  are  necessary  for
  the administration and enforcement of this section.
    2.  (a) If, after a public hearing and a reasonable investigation, the
  secretary of state  determines  that  the  owners  of  residential  real
  property  within  a  defined  geographic area are subject to intense and
  repeated solicitations by real estate brokers and salespersons or others
  to place their property for  sale  with  such  real  estate  brokers  or
  salespersons,  or  otherwise  to  sell  their  property,  and  that such
  solicitations have caused owners to  reasonably  believe  that  property
  values  may  decrease because persons of different race, ethnic, social,
  or religious backgrounds are moving  or  are  about  to  move  into  the
  neighborhood  or  geographic  area,  the  secretary of state may adopt a
  rule, to be known as a nonsolicitation order, directing all real  estate
  brokers,  salespersons  and other persons regularly engaged in the trade
  or business of buying and selling real estate to refrain from soliciting
  residential real estate listings or otherwise  soliciting  the  sale  of
  residential  real  estate  within the subject area. Each area subject to
  such an order shall be bounded or otherwise specifically defined in  the
  order.  The  nonsolicitation  order  shall  be subject to such terms and
  conditions as the secretary of state may determine are, on  balance,  in
  the  best  interest  of  the  public,  including  but not limited to the
  affected owners and licensees. A nonsolicitation order may prohibit  any
  or  all  types  of solicitation directed towards particular home-owners,
  including but  not  limited  to  letters,  postcards,  telephone  calls,
  door-to-door  calls,  and  handbills.  Every nonsolicitation order shall
  contain a provision setting forth the day, month and year that the order
  shall become effective, as well as the day,  month  and  year  that  the
  order  shall  expire. A nonsolicitation order shall not be effective for
  more  than  five  years.  However,  a  nonsolicitation  order  and   the
  boundaries  of  the  area  where it applies may be re-adopted or amended
  from time to time in accordance with the procedures set forth herein.
    (b) No real estate broker shall establish a new  principal  office  or
  branch  office  within  any  geographic  area  which is the subject of a
  nonsolicitation order without  prior  approval  from  the  secretary  of
  state.  The  secretary  of  state  may  deny  any  application  for  the
  establishment or relocation of a principal office or  branch  office  if
  approval  of  the  application would cause the total number of principal
  and branch offices within the subject area to exceed the total number of
  principal and branch offices that were licensed within the area  on  the
  date the nonsolicitation order became effective.
    3.  (a)  If  the  secretary  of  state  determines that some owners of
  residential real property within a defined geographic area  are  subject
  to  intense  and  repeated  solicitation  by  real  estate  brokers  and
  salespersons to place their property for  sale  with  such  real  estate
  brokers  or  salespersons,  or  are  subject  to  intense  and  repeated
  solicitation by other persons regularly engaged in the trade or business
  of buying and selling  real  estate  to  sell  their  real  estate,  the
  secretary  of  state  may  adopt  a rule establishing a cease and desist
  zone, which zone shall be bounded or otherwise specifically  defined  in
  the  rule.  After  the  secretary  of  state has established a cease and
  desist zone, the owners of residential real property located within  the
  zone  may  file  an  owner's  statement  with  the  secretary  of  state
  expressing their wish not  to  be  solicited  by  real  estate  brokers,
  salespersons or other persons regularly engaged in the trade or business
  of buying and selling real estate. The form and content of the statement

shall  be prescribed by the secretary of state. After a cease and desist
  zone has been established by the secretary  of  state,  no  real  estate
  broker,  salesperson  or  other person regularly engaged in the trade or
  business  of buying and selling real estate shall solicit a listing from
  any owner who has filed a statement with the secretary of state if  such
  owner's  name  appears  on the current cease and desist list prepared by
  the secretary of state. The prohibition on solicitation shall  apply  to
  direct forms of solicitation such as the use of the telephone, the mail,
  personal  contact  and  other  forms  of  direct  solicitation as may be
  specified by the secretary of state.
    (b) The secretary of state shall compile a cease and desist  list  for
  each  zone established pursuant to paragraph (a) of this subdivision. In
  addition to such other information as the secretary of  state  may  deem
  appropriate,  each  cease and desist list shall contain the name of each
  owner who has filed an owner's statement with the secretary, as well  as
  the  address  of  the  property  within  the  zone  to which the owner's
  statement applies. The secretary of state shall send to each  owner  who
  has  filed  an  owner's  statement  a  written  acknowledgement  of  the
  secretary of state's receipt thereof and a pamphlet  explaining  to  the
  owner  his  or her rights in connection therewith and the procedures and
  time limits applicable to the filing of complaints for  violations.  The
  secretary  of state shall allow an owner who files, or on behalf of whom
  is filed, a complaint or other report of a  violation  of  a  cease  and
  desist  rule  ninety  days in which to perfect a complaint by submitting
  such other or further information or documents as the secretary of state
  may require. The secretary of state shall print a list  for  each  zone.
  Each  list shall be revised and reprinted at least annually on or before
  December thirty-first and shall be made available to the public  and  to
  real  estate brokers at a reasonable price to be set by the secretary of
  state and approved by the  director  of  the  division  of  the  budget.
  Additions  or  deletions shall be made to each list only at the time the
  list is reprinted, and the secretary of state shall not issue amendments
  or addenda to any printed list.
    (c) No rule establishing a cease and desist zone  shall  be  effective
  for longer than five years. However, the secretary of state may re-adopt
  the  rule  to  continue the cease and desist zone for additional periods
  not to exceed five years each. Whenever a rule establishing a cease  and
  desist  zone shall have expired or shall have been repealed, all owner's
  statements filed with the secretary of state pursuant to that rule shall
  also expire. However, an  owner  may  file  a  new  statement  with  the
  secretary  of  state  if  a new rule is adopted establishing a cease and
  desist zone containing the owner's property. Once the  boundaries  of  a
  cease  and desist zone have been established by rule of the secretary of
  state, the boundaries may  not  be  changed  except  by  repeal  of  the
  existing   rule  and  adoption  of  a  new  rule  establishing  the  new
  boundaries.

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