BILL NUMBER: S5780
SPONSOR: FERNANDEZ
TITLE OF BILL:
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
PURPOSE:
To require all licensed real estate brokers and agents to complete annu-
al sexual harassment training as a condition of license renewal
SUMMARY OF PROVISIONS:
The bill amends section 441(3)(a) of the Real Property Law to add a new
subparagraph (ii) that would require all licensed real estate brokers
and agents to complete one hour of sexual harassment prevention training
each year for a total of two hours during each 2-year renewal period.
The content of the training must meet the requirements set forth in
Labor Law 201-g(2)(a-b). The training would not be required as part of a
licensee's continuing education requirements; however, each licensee
would be required to affirm to the Department of State, each time they
renew their license, that they are in compliance with the requirements
to complete sexual harassment training.
JUSTIFICATION:
New York State Labor Law requires employees of businesses, government
agencies and non-profits to complete annual sexual harassment prevention
training. As independent contractors who are often not employed by any
of the above entities, licensed real estate brokers and agents are
exempt from the Labor Law's requirements for sexual harassment
prevention training.
This bill would remove that exemption by establishing a requirement for
all licensed real estate brokers to complete annual sexual harassment
prevention training. The sexual harassment prevention training would be
required in addition to any continuing education requirements needed to
renew a real estate license and would not count towards the 22.5 hours
of continuing education required every 2 years.
As most working New Yorkers are required to complete annual sexual
harassment prevention training, real estate brokers and agents should be
required to complete training as well. This bill would ensure that
licensed real estate brokers and agents, like most working New Yorkers,
are required to undergo training every year on sexual harassment
prevention.
LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect 365 days after becoming law.
Statutes affected: S5780: 441 real property law, 441(3) real property law