2006 New York Code - Application For License.

 
    §   441.   Application   for   license.   1.  Form.  (a)  Any  person,
  copartnership, limited liability company or corporation desiring to  act
  as  a  real estate broker or any person desiring to act as a real estate
  salesman on  or  after  the  first  day  of  October,  nineteen  hundred
  twenty-two,  shall  file  with  the department of state at its office in
  Albany an application for the kind of license desired, in such form  and
  detail  as  such  department  shall  prescribe  and  conforming  to  the
  requirements of section 3-503 of the general  obligations  law,  setting
  forth the following, if the application be for a broker's license:
    (i)  The  name  and  residence  address  of  the  applicant, and if an
  individual the name under which he intends to conduct business.
    (ii) If the applicant  be  a  copartnership  the  name  and  residence
  address  of each member thereof and the name under which the business is
  to be conducted; or, if the applicant be a  limited  liability  company,
  the  name  of  the  company,  and  the name and residence of each of its
  members; or, if  the  applicant  be  a  corporation,  the  name  of  the
  corporation and the name and residence address of each of its officers.
    (iii)  The  place or places, including the city, town or village, with
  the street and number, where the business is to be conducted.
    (iv)  The  business  or  occupation  theretofore  engaged  in  by  the
  applicant,  or,  if  a  copartnership,  by each member thereof, or, if a
  limited liability company, by each member thereof, or, if a corporation,
  by each  officer  thereof,  for  a  period  of  two  years,  immediately
  preceding  the  date  of  such  application,  setting forth the place or
  places where such business or occupation was engaged in and the name  or
  names of employers, if any.
    (v)  The  form, information and statement required by section 3-503 of
  the general obligations law.
    (b) Such further information as the department may reasonably  require
  shall be furnished by the applicant including sufficient proof of having
  taken  and  passed  a written examination and answered such questions as
  may be prepared  by  the  department  to  enable  it  to  determine  the
  trustworthiness  of the applicant if an individual, or of each member of
  a co-partnership or each member of a limited liability company  or  each
  officer  of  a  corporation for whom a license as a broker is asked, and
  his or their competency to transact the business of real  estate  broker
  in  such  a  manner  as  to  safeguard  the  interests of the public. In
  determining competency, the department  shall  require  proof  that  the
  person  being  tested  to  qualify to apply for a broker's license has a
  fair knowledge of the English language,  a  fair  understanding  of  the
  general  purposes  and  general  legal  effect of deeds, mortgages, land
  contracts of sale, and leases, a general and fair understanding  of  the
  obligations between principal and agent, as well as of the provisions of
  this section. The applicant must also furnish proof that he has attended
  for  at  least ninety hours and has successfully completed a real estate
  course or courses approved by the secretary of state as  to  method  and
  content  and  supervision  which  approval  may  be  withdrawn if in the
  opinion of the secretary of state said course or courses are  not  being
  conducted  properly  as  to  method,  content  and supervision, and that
  either the applicant has  actively  participated  in  the  general  real
  estate  brokerage  business as a licensed real estate salesman under the
  supervision of a licensed real estate broker for a period  of  not  less
  than  one  year  or  has  had  the equivalent experience in general real
  estate business for a period of at least two years, the nature of  which
  experience  shall  be  established by affidavit duly sworn to under oath
  and/or other and further proof required by the department of state.
    (c) In the event the applicant shall be a licensed salesman under this
  article and shall  have  submitted  acceptable  proof  pursuant  to  the
  provisions  of either paragraph (d) of subdivision one-A of this section
  or paragraph (a) of subdivision three of this section of having attended
  and successfully completed forty-five hours of an approved  real  estate
  course  or courses within four years of the date of the application, the
  department may accept and credit same against the ninety hours  required
  hereunder.
    1-A.  (a) Every application for a real estate salesman's license shall
  set forth:
    (i) The name and residence address of the applicant.
    (ii) The name and principal business address of the broker  with  whom
  he is to be associated.
    (iii)  The  business  or  occupation  engaged  in  for  the  two years
  immediately preceding the date of the  application,  setting  forth  the
  place  or  places  where such business or occupation was engaged in, and
  the name or names of employers if any.
    (iv) The length of time  he  has  been  engaged  in  the  real  estate
  business.
    (v)  The  form, information and statement required by section 3-503 of
  the general obligations law.
    (b) Each applicant for a salesman's license shall provide such further
  information as the department may reasonably require, appearing at  such
  time and place as may be designated by the department, to take a written
  examination  and  answer  such  questions  as  may  be  prepared  by the
  department  to  enable  it  to  determine  the  trustworthiness  of  the
  applicant  and  the  applicant's  competence to transact the business of
  real estate salesman in such a manner as to safeguard the  interests  of
  the  public,  including  the  applicant's working knowledge of the basic
  concepts of law pertaining to contracts, real property, agency and  this
  article  which  govern conduct of such business, mastery of basic skills
  needed to perform the  applicant's  duties,  working  knowledge  of  the
  ethical  obligations  of  a  real  estate salesman, and knowledge of the
  provisions of the general obligations law pertaining to  performance  of
  the applicant's duties.
    (c) Each application for either a broker's or salesman's license under
  this  article  shall  be  subscribed  by  the applicant; or if made by a
  co-partnership it shall be subscribed by a member thereof, or if made by
  a corporation it shall be subscribed by an officer  thereof,  and  shall
  conform  to the requirements of section 3-503 of the general obligations
  law. Each application shall contain an  affirmation  by  the  person  so
  subscribing  that the statements therein are true under the penalties of
  perjury. An application for  a  license  shall  be  accompanied  by  the
  appropriate license fee, as hereinafter prescribed in this article.
    (d)  Anything to the contrary herein notwithstanding, on and after the
  effective date of this paragraph, no salesman's license  or  conditional
  license  shall  be  issued  by  the  department  unless  the application
  therefor has been accompanied by proof that prior  to  such  application
  the  applicant  has  attended at least forty-five hours and successfully
  completed a real estate course or courses approved by the  secretary  of
  state  as  to  method and content and supervision, which approval may be
  withdrawn if in the opinion of the secretary of  state  said  course  or
  courses   are   not   properly  conducted  as  to  method,  content  and
  supervision.
    2. Renewals. Any license granted under the  provision  hereof  may  be
  renewed  by  the  department  upon  application  therefor  by the holder
  thereof, in such form as the department may prescribe and conforming  to
  the  requirements  of  section 3-503 of the general obligations law, and
  payment of the fee for such license. In case of application for  renewal
  of  license,  the  department  may dispense with the requirement of such
  statements as it deems unnecessary in view of  those  contained  in  the
  original   application  for  license  but  may  not  dispense  with  the
  requirements of section 3-503 of the general obligations law. A  renewal
  period within the meaning of this act is considered as being a period of
  two  years  from  the date of expiration of a previously issued license.
  The department shall require any  applicant,  who  does  not  apply  for
  renewal of license within such period, to qualify by passing the written
  examination as provided herein, and may require any licensee who has not
  yet  passed  the written examination, and who cannot reasonably prove to
  the satisfaction of the department, that  he  can  meet  the  competency
  requirements,  to  pass  the  written  examination  before  a renewal of
  license shall be granted; provided, however, that a person who failed or
  was unable to renew his license by reason of his induction or enlistment
  in the armed forces of the United States shall not be required  to  take
  or pass such examination.
    3.  (a)  No  renewal  license  shall be issued any licensee under this
  article for any  license  period  commencing  November  first,  nineteen
  hundred  ninety-five unless such licensee shall have within the two year
  period immediately preceding such renewal attended at  least  twenty-two
  and  one-half  hours  and  successfully completed a continuing education
  real estate course or courses approved by the secretary of state  as  to
  method,  content  and supervision, which approval may be withdrawn if in
  the opinion of the secretary of state such course  or  courses  are  not
  being  conducted  properly  as  to  method, content and supervision. The
  licensee shall provide  an  affidavit,  in  a  form  acceptable  to  the
  department of state, establishing the nature of the continuing education
  acquired  and  shall  provide  such  further  proof  as  required by the
  department of state. The provisions of this paragraph shall not apply to
  any licensed real estate broker who is engaged full  time  in  the  real
  estate  business  and  who  has  been licensed under this article for at
  least fifteen consecutive years immediately preceding such renewal.
    (b) Notwithstanding the provisions of section four hundred one of  the
  state   administrative   procedure  act,  except  as  provided  in  this
  paragraph, no license issued under this article shall continue in effect
  beyond the period for which it is issued  if  the  proof  of  attendance
  required   hereunder  is  not  submitted  and  accepted  prior  to  such
  expiration date. The department in its discretion may  however  issue  a
  temporary  renewal  license for such period of time it deems appropriate
  to permit the submission of the required proof of  attendance  when  the
  failure to submit such proof is not due to the fault of the licensee.
    (c)  The  secretary  of  state shall promulgate rules establishing the
  method, content, setting and supervision requirements of the  continuing
  education real estate course or courses provided for in this section. In
  establishing  the  requirements  for  the continuing education course or
  courses, the secretary of state shall permit alternatives  with  respect
  to  content  and  method of presentation in consideration of the type of
  brokerage practiced and the availability of the sources of  such  course
  or  courses  in  different areas of the state. Each course shall have an
  established curriculum composed primarily of real  estate  practice  and
  professional  responsibility  and  ethics  and properly prepared written
  materials of the subject matter which shall be distributed  as  part  of
  the  course.  It  shall  be taught by a qualified faculty with attorneys
  presenting legal subjects. Credit shall be awarded on the basis  of  one
  hour  for  each  sixty minutes of actual attendance and records shall be
  maintained of attendance at each session which shall be  transmitted  to
  the  department  at  the  conclusion  of  the course. Computer-based and
  distance learning courses may be approved by the department so  long  as
  providers demonstrate the ability to monitor and verify participation by
  the licensee for the specified time period.
    (d)  The  state  real  estate  board, created pursuant to section four
  hundred forty-two-i of  this  article,  shall  not  have  the  power  to
  promulgate   any  rule,  regulation  or  guidance  requiring  continuing
  education  for  real  estate  brokers  or   salespeople   except   those
  requirements  set  forth  in  subdivisions two and three of section four
  hundred forty-two-k of this article.
    4. The fees provided for by this section shall not be refundable.