§ 441-C — Revocation and suspension of licenses

§ 441-c. Revocation and suspension of licenses. 1. Powers of\ndepartment. (a) The department of state may revoke the license of a\nreal estate broker or salesperson or suspend the same, for such period\nas the department may deem proper, or in lieu thereof may impose a fine\nnot exceeding two thousand dollars payable to the department of state,\nprovided that fifty percent of all moneys received by the department of\nstate for such fines shall be payable to the anti-discrimination in\nhousing fund established pursuant to section eighty-a of the state\nfinance law, or a reprimand upon conviction of the licensee of a\nviolation of any provision of this article, or for a violation of\nsubdivision four of section four hundred forty-two-h of this article, or\nfor a material misstatement in the application for such license, or if\nsuch licensee has been guilty of fraud or fraudulent practices, or for\ndishonest or misleading advertising, or has demonstrated\nuntrustworthiness or incompetency to act as a real estate broker or\nsalesperson, or for a violation of article fifteen of the executive law\ncommitted in their capacity as a real estate broker or salesperson, as\nthe case may be. In the case of a real estate broker engaged in the\nbusiness of a tenant relocator, untrustworthiness or incompetency shall\ninclude engaging in any course of conduct including, but not limited to,\nthe interruption or discontinuance of essential building service, that\ninterferes with or disturbs the peace, comfort, repose and quiet\nenjoyment of a tenant.\n (b) (i) The provisions of this paragraph shall apply in all cases of\nlicensed broker or licensed salesperson who have failed, after receiving\nappropriate notice, to comply with a summons, subpoena or warrant\nrelating to a paternity or child support proceeding or is in arrears in\npayment of child support or combined child and spousal support referred\nto the department by a court pursuant to the requirements of section two\nhundred forty-four-c of the domestic relations law or pursuant to\nsection four hundred fifty-eight-b or five hundred forty-eight-b of the\nfamily court act.\n (ii) Upon receipt of an order from the court pursuant to one of the\nforegoing provisions of law based on arrears in payment of child support\nor combined child and spousal support, the department, if it finds such\nperson to be so licensed, shall within thirty days of receipt of such\norder from the court, provide notice to the licensee of, and initiate, a\nhearing which shall be held by it at least twenty days and no more than\nthirty days after the sending of such notice to the licensee. The\nhearing shall be held solely for the purpose of determining whether\nthere exists as of the date of the hearing proof that full payment of\nall arrears of support established by the order of the court to be due\nfrom the licensee have been paid. Proof of such payment shall be a\ncertified check showing full payment of established arrears or a notice\nissued by the court, or the support collection unit where the order is\npayable to the support collection unit designated by the appropriate\nsocial services district. Such notice shall state that full payment of\nall arrears of support established by the order of the court to be due\nhave been paid. The licensee shall be given full opportunity to present\nsuch proof of payment from the court or support collection unit at the\nhearing in person or by counsel. The only issue to be determined by the\ndepartment as a result of the hearing is whether the arrears have been\npaid. No evidence with respect to the appropriateness of the court order\nor ability of the respondent party in arrears to comply with such order\nshall be received or considered by the department.\n (iii) Upon receipt of an order from the court based on failure to\ncomply with a summons, subpoena, or warrant relating to a paternity or\nchild support proceeding, the department, if it finds such person to be\nso licensed, shall within thirty days of receipt of such order from the\ncourt, provide notice to the licensee that his or her license shall be\nsuspended within sixty days unless the conditions in subparagraph (v) of\nthis section are met.\n (iv) Notwithstanding any inconsistent provision of this article or of\nany other provision of law to the contrary, the license of a real estate\nbroker or salesperson shall be suspended if at the hearing, provided for\nby subparagraph (ii) of this paragraph, the licensee fails to present\nproof of payment as required by such subdivision. Such suspension shall\nnot be lifted unless the court or the support collection unit, where the\ncourt order is payable to the support collection unit designated by the\nappropriate social services district, issues notice to the department\nthat full payment of all arrears of support established by the order of\nthe court to be due have been paid.\n (v) Notwithstanding any inconsistent provision of this article or of\nany other provision of law to the contrary, the license of a real estate\nbroker or a salesperson shall be suspended in accordance with the\nprovisions of subparagraph (iii) of this paragraph unless the court\nterminates its order to commence suspension proceedings. Such suspension\nshall not be lifted unless the court issues an order to the department\nterminating its order to commence suspension proceedings.\n (vi) The department shall inform the court of all actions taken\nhereunder as required by law.\n (vii) This paragraph applies to paternity and child support\nproceedings commenced under, and support obligations paid pursuant to\nany order of child support or child and spousal support issued under\nprovisions of section two hundred thirty-six or two hundred forty of the\ndomestic relations law, or article four, five, five-A or five-B of the\nfamily court act.\n (viii) Notwithstanding any inconsistent provision of this article or\nof any other provision of law to the contrary, the provisions of this\nparagraph shall apply to the exclusion of any other requirements of this\narticle and to the exclusion of any other requirement of law to the\ncontrary.\n 2. Determination of department. In the event that the department shall\nrevoke or suspend any such license, or impose any fine or reprimand on\nthe holder thereof, its determination shall be in writing and officially\nsigned. The original of such determination, when so signed, shall be\nfiled in the office of the department and copies thereof shall be served\npersonally or by registered mail upon the broker or salesperson and\naddressed to the principal place of business of such broker or\nsalesperson, and to the complainant. All brokers' and salespersons'\nlicenses and pocket cards shall be returned to the department of state\nwithin five days after the receipt of notice of a revocation or\nsuspension, or in lieu thereof, the broker or salesperson whose license\nhas been revoked or suspended shall make and file an affidavit in form\nprescribed by the department of state, showing that the failure to\nreturn such license and pocket card is due either to loss or destruction\nthereof.\n 3. The display of a real estate broker's license after the revocation\nor suspension thereof is prohibited.\n 4. Whenever the license of a real estate broker or real estate\nsalesperson is revoked by the department, such real estate broker or\nreal estate salesperson shall be ineligible to be relicensed either as a\nreal estate broker or real estate salesperson until after the expiration\nof a period of one year from the date of such revocation.\n