Relates to designating the county of Kings a cease and desist zone; establishes an affirmative defense to violations of nonsolicitation orders and cease and desist zones.
Summary
Bill S06135 proposes to amend the real property law by designating the county of Kings as a cease and desist zone. This designation allows for the inclusion of Kings County on the cease and desist list compiled by the Secretary of State, which is intended to protect property owners from unsolicited solicitation, particularly in real estate transactions. Additionally, the bill establishes an affirmative defense for property owners who are accused of violating nonsolicitation orders, provided they can demonstrate that they actively advertised their property for sale through various means such as advertisements or real estate listings.
Impact
The bill's passage would modify existing real property laws in New York, specifically by adding Kings County to the list of areas where nonsolicitation orders are enforced. This change aims to enhance protections for homeowners against unsolicited real estate solicitation, thereby potentially reducing instances of harassment or unwanted contact from real estate agents. The affirmative defense provision could also provide legal protection for homeowners who are engaging in legitimate marketing of their properties, thereby clarifying the legal landscape surrounding solicitation practices in real estate.
Sentiment
The sentiment surrounding Bill S06135 appears to be generally supportive among its sponsors, who argue that it will provide necessary protections for homeowners in Kings County. However, there may be concerns from real estate professionals about the implications of the cease and desist designation and how it might affect their ability to conduct business in the area. The lack of voting history and committee discussions makes it difficult to gauge broader public sentiment or opposition.
Contention
Notable points of contention may arise from real estate agents and agencies who could perceive the cease and desist zone as a hindrance to their business operations. They may argue that such a designation could limit their ability to reach potential clients effectively. Conversely, proponents of the bill, including its sponsors, may emphasize the need for homeowner protections against aggressive solicitation tactics. The balance between protecting homeowners and allowing real estate professionals to operate freely is likely to be a central debate.
Same As
Relates to designating the county of Kings a cease and desist zone; establishes an affirmative defense to violations of nonsolicitation orders and cease and desist zones.
Relates to designating the county of Kings a cease and desist zone; establishes an affirmative defense to violations of nonsolicitation orders and cease and desist zones.
Providing for a prohibition on solicitation of owners of residential real property within defined geographic areas by real estate brokers, salespersons or other persons regularly engaged in the trade or business of buying and selling real estate, for homeowner cease and desist zones and for homeowner cease and desist lists; and imposing penalties.
Provides that immediate injunctive relief, restraining orders, or cease and desist orders may be sought in cases where voter intimidation, deception or obstruction occurs