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N.Y. Real Prop. Acts. Law § 440-a

License required for real estate brokers and salespersons

Redline — January 1, 2015 → current.View current text →
Current — January 1, 2023
As of January 1, 2015
§ 440-a. License required for real estate brokers and salesmen. No\nperson, co-partnership, limited liability company or corporation shall\nengage in or follow the business or occupation of, or hold himself or\nitself out or act temporarily or otherwise as a real estate broker or\nreal estate salesman in this state without first procuring a license\ntherefor as provided in this article. No person shall be entitled to a\nlicense as a real estate broker under this article, either as an\nindividual or as a member of a co-partnership, or as a member or manager\nof a limited liability company or as an officer of a corporation, unless\nhe or she is twenty years of age or over, a citizen of the United States\nor an alien lawfully admitted for permanent residence in the United\nStates. No person shall be entitled to a license as a real estate\nsalesman under this article unless he or she is over the age of eighteen\nyears. No person shall be entitled to a license as a real estate broker\nor real estate salesman under this article who has been convicted in\nthis state or elsewhere of a felony, of a sex offense, as defined in\nsubdivision two of section one hundred sixty-eight-a of the correction\nlaw or any offense committed outside of this state which would\nconstitute a sex offense, or a sexually violent offense, as defined in\nsubdivision three of section one hundred sixty-eight-a of the correction\nlaw or any offense committed outside this state which would constitute a\nsexually violent offense, and who has not subsequent to such conviction\nreceived executive pardon therefor or a certificate of relief from\ndisabilities or a certificate of good conduct pursuant to article\ntwenty-three of the correction law, to remove the disability under this\nsection because of such conviction. No person shall be entitled to a\nlicense as a real estate broker or real estate salesman under this\narticle who does not meet the requirements of section 3-503 of the\ngeneral obligations law.\n Notwithstanding the above, tenant associations, and not-for-profit\ncorporations authorized in writing by the commissioner of the department\nof the city of New York charged with enforcement of the housing\nmaintenance code of such city to manage residential property owned by\nsuch city or appointed by a court of competent jurisdiction to manage\nresidential property owned by such city shall be exempt from the\nlicensing provisions of this section with respect to the properties so\nmanaged.\n
§ 440-a. License required for real estate brokers and salespersons. No\nperson, co-partnership, limited liability company or corporation shall\nengage in or follow the business or occupation of, or hold themselves or\nitself out or act temporarily or otherwise as a real estate broker or\nreal estate salesperson in this state without first procuring a license\ntherefor as provided in this article. No person shall be entitled to a\nlicense as a real estate broker under this article, either as an\nindividual or as a member of a co-partnership, or as a member or manager\nof a limited liability company or as an officer of a corporation, unless\nthey are twenty years of age or over. No person shall be entitled to a\nlicense as a real estate salesperson under this article unless they are\nover the age of eighteen years. No person shall be entitled to a license\nas a real estate broker or real estate salesperson under this article\nwho has been convicted in this state or elsewhere of a crime, unless the\nsecretary makes a finding in conformance with all applicable statutory\nrequirements, including those contained in article twenty-three-A of the\ncorrection law, that such convictions do not constitute a bar to\nlicensure. No person shall be entitled to a license as a real estate\nbroker or real estate salesperson under this article who does not meet\nthe requirements of section 3-503 of the general obligations law.\n Notwithstanding anything to the contrary in this section, tenant\nassociations and not-for-profit corporations authorized in writing by\nthe commissioner of the department of the city of New York charged with\nenforcement of the housing maintenance code of such city to manage\nresidential property owned by such city or appointed by a court of\ncompetent jurisdiction to manage residential property owned by such city\nshall be exempt from the licensing provisions of this section with\nrespect to the properties so managed.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.