§ 442-G — Nonresident licensees

§ 442-g. Nonresident licensees. 1. A nonresident of this state may\nbecome a real estate broker or a real estate salesperson by conforming\nto all of the provisions of this article, except that a nonresident\nbroker regularly engaged in the real estate business as a vocation who\nis licensed and maintains a definite place of business in another state,\nwhich offers the same privileges to the licensed brokers of this state,\nshall not be required to maintain a place of business within this state.\nAnything to the contrary herein notwithstanding, if any state prohibits\nor restricts the right of a resident of this state to become a licensed\nnonresident real estate broker or salesperson, then the issuance of such\na license to an applicant resident in such state shall be similarly\nrestricted. The department of state shall recognize the license issued\nto a real estate broker or salesperson by another state as\nsatisfactorily qualifying them for license as broker or salesperson, as\nthe case may be, under this section; provided that the laws of the state\nof which they are a resident require that applicants for licenses as\nreal estate brokers and salespersons shall establish their competency by\nwritten examinations but permit licenses to be issued to residents of\nthe State of New York duly licensed under this article, without\nexamination. If the applicant is a resident of a state which has not\nsuch requirement then the applicant must meet the examination\nrequirement as provided herein and the department of state shall issue a\nlicense to such nonresident broker or salesperson upon payment of the\nlicense fee and the filing by the applicant with the department of a\ncertified copy of the applicant's license issued by such other state.\n 2. Every nonresident applicant shall file with his application or\nrenewal application an irrevocable consent on a form prescribed by the\ndepartment of state submitting himself to the jurisdiction of the courts\nof this state and designating the secretary of state of the state of New\nYork as his agent upon whom may be served any summons, subpoena or other\nprocess against him in any action or special proceeding. Such process\nmay issue in any court in this state having jurisdiction of the subject\nmatter, and the process shall set forth that the action or special\nproceeding is within the jurisdiction of the court.\n 3. Service of such process upon the secretary of state shall be made\nby personally delivering to and leaving with him or his deputy or with\nany person authorized by the secretary of state to receive such service,\nat the office of the department of state in the city of Albany,\nduplicate copies of such process together with a fee of five dollars if\nthe action is solely for the recovery of a sum of money not in excess of\ntwo hundred dollars and the process is so endorsed, and a fee of ten\ndollars in any other action or proceeding, which fee shall be a taxable\ndisbursement. If such process is served upon behalf of a county, city,\ntown or village, or other political subdivision of the state, the fee to\nbe paid to the secretary of state shall be five dollars, irrespective of\nthe amount involved or the nature of the action on account of which such\nservice of process is made. If the cost of registered mail for\ntransmitting a copy of the process shall exceed two dollars, an\nadditional fee equal to such excess shall be paid at the time of the\nservice of such process. Proof of service shall be by affidavit of\ncompliance with this subdivision filed by or on behalf of the plaintiff\ntogether with the process, within ten days after such service, with the\nclerk of the court in which the action or special proceeding is pending.\nService made as provided in this section shall be complete ten days\nafter such papers are filed with the clerk of the court and shall have\nthe same force and validity as if served on him personally within the\nstate and within the territorial jurisdiction of the court from which\nthe process issues.\n 4. The secretary of state shall promptly send one of such copies by\nregistered mail, return receipt requested, to the nonresident broker or\nnonresident salesperson at the post office address of their main office\nas set forth in the last application filed by him or her.\n 5. Nothing in this section shall effect the right to serve process in\nany other manner permitted by law.\n 6. Notwithstanding any other provisions of this article, the\ndepartment of state shall grant a real estate broker or a real estate\nsalesperson license to an applicant who is a member of the household of\na member of the armed forces of the United States, national guard or\nreserves and was a member of such household before such member of the\narmed forces relocated to the state who submits satisfactory evidence of\nlicensure, certification or registration to practice an equivalent\noccupation issued by a state, territory, protectorate or dependency of\nthe United States, provided that such license, certification or\ncertificate of registration was current and effective within one year of\nthe date of the individual's application for licensure in New York, was\ngranted in compliance with standards that are, in the judgment of the\nsecretary, no less rigorous than those required for licensure in New\nYork. If such standards for licensure, certification or registration are\ndeemed by the secretary to be less rigorous than those required for\nlicensure in New York, the secretary shall permit an applicant to submit\nevidence in a form acceptable to the department of state to demonstrate\nthe applicant's competency and trustworthiness. If such evidence is\nsufficient in the judgment of the secretary, the secretary shall grant a\nreal estate broker or real estate salesperson license.\n