AMENDMENT CONCERNING SEX OFFENDERS

LAWS OF NEW YORK, 2008
CHAPTER 430

AN ACT to amend the real property law, in relation to prohibiting sex offenders from being entitled to a license as a real estate broker or real estate salesman

Became a law August 5, 2008, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law
to be omitted.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. The first undesignated paragraph of section 440-a of the
real property law, as amended by chapter 324 of the laws of 1998, is
amended to read as follows:
No person, co-partnership, limited liability company or corporation
shall engage in or follow the business or occupation of, or hold himself
or itself out or act temporarily or otherwise as a real estate broker or
real estate salesman in this state without first procuring a license
therefor as provided in this article. No person shall be entitled to a
license as a real estate broker under this article, either as an indi-
vidual or as a member of a co-partnership, or as a member or manager of
a limited liability company or as an officer of a corporation, unless he
or she is nineteen years of age or over, a citizen of the United States
or an alien lawfully admitted for permanent residence in the United
States. No person shall be entitled to a license as a real estate
salesman under this article unless he or she is over the age of eighteen
years. No person shall be entitled to a license as a real estate broker
or real estate salesman under this article who has been convicted in
this state or elsewhere of a felony, of a sex offense, as defined in
subdivision two of section one hundred sixty-eight-a of the correction
law or any offense committed outside of this state which would consti-
tute a sex offense, or a sexually violent offense, as defined in subdi-
vision three of section one hundred sixty-eight-a of the correction law
or any offense committed outside this state which would constitute a
sexually violent offense, and who has not subsequent to such conviction
received executive pardon therefor or a certificate of good conduct from
the parole board, to remove the disability under this section because of
such conviction. No person shall be entitled to a license as a real
estate broker or real estate salesman under this article who does not
meet the requirements of section 3-503 of the general obligations law.
§ 2. The first undesignated paragraph of section 440-a of the real
property law, as amended by chapter 183 of the laws of 2006, is amended
to read as follows:
No person, co-partnership, limited liability company or corporation
shall engage in or follow the business or occupation of, or hold himself
or itself out or act temporarily or otherwise as a real estate broker or
real estate salesman in this state without first procuring a license
therefor as provided in this article. No person shall be entitled to a
license as a real estate broker under this article, either as an indi-
vidual or as a member of a co-partnership, or as a member or manager of
a limited liability company or as an officer of a corporation, unless he
or she is twenty years of age or over, a citizen of the United States or
an alien lawfully admitted for permanent residence in the United States.
No person shall be entitled to a license as a real estate salesman under
this article unless he or she is over the age of eighteen years. No
person shall be entitled to a license as a real estate broker or real
estate salesman under this article who has been convicted in this state
or elsewhere of a felony, of a sex offense, as defined in subdivision
two of section one hundred sixty-eight-a of the correction law or any
offense committed outside of this state which would constitute a sex
offense, or a sexually violent offense, as defined in subdivision three
of section one hundred sixty-eight-a of the correction law or any
offense committed outside this state which would constitute a sexually
violent offense, and who has not subsequent to such conviction received
executive pardon therefor or a certificate of good conduct from the
parole board, to remove the disability under this section because of
such conviction. No person shall be entitled to a license as a real
estate broker or real estate salesman under this article who does not
meet the requirements of section 3-503 of the general obligations law.
§ 3. Section 441-a of the real property law is amended by adding a new
subdivision 12 to read as follows:
12. Whenever any person licensed as a real estate broker or real
estate salesman is convicted in this state or elsewhere of a felony, of
a sex offense, as defined in subdivision two of section one hundred
sixty-eight-a of the correction law or any offense committed outside of
this state which would constitute a sex offense, or a sexually violent
offense, as defined in subdivision three of section one hundred sixty-
eight-a of the correction law or any offense committed outside this
state which would constitute a sexually violent offense, such real
estate broker or real estate salesman shall within five days of the
imposition of sentence, transmit a certified copy of the judgment of
conviction to the department of state.
§ 4. This act shall take effect immediately; provided, however, that
the amendments to the first undesignated paragraph of section 440-a of
the real property law made by section two of this act shall take effect
on the same date and in the same manner as section 2 of chapter 183 of
the laws of 2006, takes effect.

The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.

JOSEPH L. BRUNO
Temporary President of the Senate
SHELDON SILVER
Speaker of the Assembly