New York Non-solicitation Areas.
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§ 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.