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.
Impact
The legislation amends the New York Real Property Law, specifically by adding a new section that places Kings County on the state's cease and desist list. This inclusion means that there will be an official recognition and enforcement of regulations aimed at preventing unsolicited solicitation of properties for sale. The bill also outlines that in any action alleging a violation of these cease and desist orders, it shall be an affirmative defense that the property owner had actively promoted the property for sale, thereby clarifying the responsibilities and rights of property owners under these new provisions.
Summary
A05881 is a bill designed to address specific issues related to real estate in Kings County by designating it as a cease and desist zone. This designation allows for particular legal protections concerning real property sales within the county. By implementing this bill, the state aims to provide a structured approach to manage solicitation activities related to property sales, thus ensuring that certain practices are regulated to protect both sellers and consumers in the market.
Contention
While the bill seems aimed at protecting property owners, notable points of contention may arise around the question of the specific enforcement mechanisms of such nonsolicitation orders. Critics may argue about the practicality of implementing this designation across Kings County, as well as its potential impact on the real estate market dynamics. Discussions may also center on whether the affirmative defense provision adequately shields property owners from undue penalties that could arise from vague or poorly defined solicitation practices.
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.
Requires employers publicly advertising a job posting to include in the posting a statement disclosing whether such posting is for an existing vacancy or not; authorizes the commissioner of labor to issue an order to employers in violation of such requirement to pay a fine, cease and desist from such violation, or both.
Requires employers publicly advertising a job posting to include in the posting a statement disclosing whether such posting is for an existing vacancy or not; authorizes the commissioner of labor to issue an order to employers in violation of such requirement to pay a fine, cease and desist from such violation, or both.
Enacts the "homeowner defense and anti-deed theft act" in relation to establishing a homeowner defense and anti-deed theft program within the department of state for the purpose of defending homeowners against deed theft; establishes the county recording modernization fund and the title defense litigation fund.
Authorizes the chief executive of a responding law enforcement agency to designate an area within a municipality as an active recovery zone in response to certain natural or man-made disasters or emergencies; limits access to such zones to residents and other affected persons, first responders, and certain authorized personnel; imposes a penalty of a class B misdemeanor for knowing unauthorized access to such zones; makes related provisions.