S 5780: Requires real estate brokers and salespersons to complete two hours of sexual harassment prevention training every two years.

  
  STATE OF NEW YORK ________________________________________________________________________ 5780 2025-2026 Regular Sessions  IN SENATE February 28, 2025 ___________ Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the real property law, in relation to requiring real estate brokers and salespersons to complete a certain amount of sexual harassment prevention training The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 3 of section 441 of the real 2 property law, as separately amended by chapters 686 and 688 of the laws 3 of 2021, is amended to read as follows: 4 (a) (i) No renewal license shall be issued any licensee under this 5 article for any license period commencing November first, nineteen 6 hundred ninety-five unless such licensee shall have within the two year 7 period immediately preceding such renewal attended at least twenty-two 8 and one-half hours which shall include at least two hours of cultural 9 competency training, at least three hours of instruction pertaining to 10 fair housing and/or discrimination in the sale or rental of real proper- 11 ty or an interest in real property, at least two hours of instruction 12 pertaining to implicit bias awareness and understanding, at least two 13 and one-half hours of instruction pertaining to ethical business prac- 14 tices, at least one hour of instruction pertaining to recent legal 15 matters governing the practice of real estate brokers and salespersons 16 in New York which may include statutes, laws, regulations, rules, codes, 17 department of state opinions and decisions, and court decisions and at 18 least one hour of instruction pertaining to the law of agency except in 19 the case of the initial two-year licensing term for real estate sales- 20 persons, two hours of agency related instruction must be completed, and 21 successfully completed a continuing education real estate course or 22 courses approved by the secretary of state as to method, content and 23 supervision, which approval may be withdrawn if in the opinion of the 24 secretary of state such course or courses are not being conducted prop- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10381-01-5 
 S. 5780 2 1 erly as to method, content and supervision. For those individuals 2 licensed pursuant to subdivision six of section four hundred forty-two-g 3 of this article, in the individual's initial license term, at least 4 eleven hours of the required twenty-two and one-half hours of continuing 5 education shall be completed during the first year of the term. Of those 6 eleven hours, three hours shall pertain to applicable New York state 7 statutes and regulations governing the practice of real estate brokers 8 and salespersons. To establish compliance with the continuing education 9 requirements imposed by this section, licensees shall provide an affida- 10 vit, in a form acceptable to the department of state, establishing the 11 nature of the continuing education acquired and shall provide such 12 further proof as required by the department of state. For purposes of 13 this subdivision, "implicit bias" shall mean the attitudes or stere- 14 otypes that affect an individual's understanding, actions and decisions 15 in an unconscious manner. 16 (ii) In addition to the continuing education requirements under this 17 section, every licensee within the two-year period immediately preceding 18 such renewal shall complete two sexual harassment prevention training 19 programs of at least one hour each for a total of two hours. One sexual 20 harassment prevention training program shall be completed during the 21 first twelve months of such two-year period immediately preceding such 22 renewal and one sexual harassment prevention training program shall be 23 completed during the second twelve months of such two-year period imme- 24 diately preceding such renewal. The content of such sexual harassment 25 training programs shall meet the requirements set forth in paragraphs a 26 and b of subdivision two of section two hundred one-g of the labor law. 27 Any time a real estate licensee is required to renew their license they 28 shall affirm to the department of state that they are in compliance with 29 the requirements of this subparagraph. 30 § 2. This act shall take effect one year after it shall have become a 31 law.