New York State Real Estate Board

NEW YORK STATE REAL ESTATE BOARD

MEETINGSUMMARY

September 20, 2016

The meeting was held at the Department of State, Division of Licensing Services, 99 Washington Avenue, Albany and 123 William Street, NYC.

1. CALL TO ORDER, INTRODUCTIONS and OFFICIAL ATTENDANCE

The meeting was called to order at 10:35 am. Whitney Clark performed roll call and announced there was not a quorum. The official attendance was as follows:

BOARD MEMBERS

Sandra Erickson

Dale Burnett

Duncan MacKenzie

Daniel Hartnett

Jeremy Schildcrout,

RepresentingMaria Vullo, Acting Superintendent, Dept. of Financial Services

Excused:

David Dworkin

David Leno

Gregory Weston

David Rumsey

Trisha Ocona Francis

Joseph Berko

Diane Ramirez

Department of State Staff

Whitney Clark

Amy Penzabene

Dave Mossberg

Mary Jo Moore

Ernita Gantt

Jodi DeLollo

Donna Zoller

Marc Mastrobuono

Nancy Harrigan

Sharon Charland

Visitors

Anthony Gatto, NYSAR

Mike Kelly, NYSAR

Priscilla Toth, NYSAR

Joseph Barbaccia REBNY

NeilGarfinkel, REBY

SilvanaDellaporte

1. DEPARTMENT REPORTS

Enforcement - E. Gantt reported the Department has partnered with the Division of Human Rightsto enforce NYS’s Fair Housing Laws. The Division of Human Rights will take the lead in determining if discrimination in housing occurred upon an individual and refer any findings of discrimination against a real estate licensee to the Department of State.

Trends Committee – D. MacKenzie thanked the Division for their work on the Fair Housing Regulation proposals.

Education Committee – M. Mastrobuono reported the subcommittee looked at the continuing education subject of diversity and determined there are learning objectives and areas of subject matter that can be related to the core principles and practices of real estate. Moving forward, as the division receives course submissions with the subject of diversity, it will look at them carefully and approve those related to practices and principles.

ACTION ITEMS

D. Mossberg mentioned that several outstanding regulations had been approved for publication in the State Register and are scheduled to appear in the 9/28/16 edition. Proposed regulations included amendment of sections 175.1, 175.7, 175.25(d)(2), 176.3(a), 177.3(g) and 177.7 of Title 19 NYCRR.

D. Mossberg spoke about the Governor’s recent Executive Order with respect to openness and working with the public who may not be fluent in English. He stated the Department has re-evaluated their original interpretation of Section 443 and is evaluating having the document translated into the languages identified in the Access Language Policy Plan. An update should be available at the next board meeting.

D. Mossberg spoke about the broker seller and broker listing both claiming the 250 points. The issue has been clarified as to policy, but the board is still working on drafting regulation.

D. Mossberg explained that under the new CE bill just approved, licensees will have to take at least one hour of instruction pertaining to the law of agency except in the case of the initial two-year licensing term for real estate salespersons, two hours of agency related instruction must be completed. NY LEGIS 320 (2016), 2016 Sess. Law News of N.Y. Ch. 320 (S. 7248) (McKINNEY'S)

PUBLIC COMMENT PERIOD

Neil Garfinkel from REBNY thanked Department for allowing their participation and inviting their comments on the pending regulations and looks forward to the final adoption.

ADJOURNMENT

The meeting was adjourned at 10:51am.

PUBLIC HEARING

There were no public comments.