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Issues - State

2012 NYSAR Legislative Priorities

Legislative Priorities


Mandate Relief

The New York State Association of REALTORS has joined a coalition of 11 business, local government and education organizations to launch "Let New York Work: A Common Agenda for the Common Good." This initiative is designed to advance significant mandate relief in New York State. The agenda’s main points include: making the pension system predictable and affordable; redefining compulsory arbitration such as defining the ability of municipalities and taxpayers’ ability to pay; reducing the costs of construction on public/private projects; freezing public employee’s pay increases under an expired contract; establishing a minimum health insurance contribution level for employees and retirees; and prohibiting all future mandates on municipalities, school districts and taxpayers. NYSAR, along with the coalition, will continue to advocate for the passage of the agenda during the 2012 legislative session.

Advertising Guidelines
NYSAR staff continues to work with the New York State Department of State (DOS) and the Real Estate Board of New York (REBNY) to finalize advertising guidelines for New York State real estate licensees. 

Tax increment financing bond reform (A.5296 Schimminger/S.2446 Young)
Status: Assembly Local Governments/Senate Local Governments 
NYSAR strongly supports legislation to allow municipalities to apply the school portion of real property taxes – with school district approval – to pay for debt service on tax increment financing (TIF) bonds to redevelop blighted areas across New York. 

First-time Homebuyer Savings Accounts (A. 3833; S.735 Robach)
Status: Assembly Ways & Means; Senate Investigations & Government Operations
NYSAR supports passage of legislation that will allow individuals and couples to make pre-tax contributions to a savings account that would be dedicated to the purchase of a first home.

Transparency and Disclosure in Co-operative Housing (A.2383 Destito; A.2163 Lavine)
Status: Assembly Governmental Operations; Assembly Housing
NYSAR supports legislation that would bring greater transparency to the process of considering the sale of shares in a co-operative housing corporation.

Intro. 188 – New York City Council
Status: New York City Council Committee on Housing and Buildings
NYSAR strongly supports enactment of Int. 188, titled the Fair Cooperative Procedure Law. Int. 188 will significantly improve the transparency of the cooperative purchase by adding uniformity and predictability to the application process. Additionally, Int. 188 provides consumers with up front information on the cooperatives’ purchase requirements and informs them of their rights under fair housing and anti-discrimination laws.

Vested Rights for Property Owners (A.347 Paulin/S.4554 Ball)
Status: Assembly Local Governments/Senate Local Governments
NYSAR supports legislation to create a six year pilot program in the counties of Dutchess, Orange, Putnam, Rockland and Westchester relating to municipalities’ ability to alter local codes, laws, ordinances, rules and regulations during the course of local development projects. This legislation will require municipalities to maintain a consistent set of rules throughout a construction project, except in certain reasonable instances.

Definition of Resident for Income Tax (A.6266-A Thiele/S.3998-A LaValle)
Status: Assembly Ways & Means/Senate Investigations & Government Operations
NYSAR supports legislation to clarify the definition of “permanent place of abode” for personal income tax purposes. Under this bill, the usage or ownership of a vacation home would not be sufficient to establish residency for personal income tax purposes so long as the taxpayer spends less than 90 days a year at the vacation home and the home is located more than 50 miles from the taxpayer's primary place of employment in New York.


Payment of Independent Contractors (A.6698-A Silver/S.4129-C Golden)
Status: Assembly Cal. No. 220/Senate Labor
NYSAR strongly opposes legislation relating to the payment of independent contractors. The requirements outlined in this bill are unworkable and impractical as they related to the real estate industry and the relationship between brokers and the independent contractors they employ. 

Well Water Education Act (A.7866-A Jaffee/S.4755-A Saland)
Status: Assembly Health/Senate Health
NYSAR opposes legislation to require home inspectors, licensed real estate brokers and salespersons to provide well water education materials to prospective buyers regarding the potential hazards of well water. This bill has very serious technical flaws that would cause a tremendous amount of confusion and uncertainty in real estate transactions across New York.

Expanded Agriculture Disclosure Notice (A.5825 Gunther/ S.4958 Ball)
Status: Assembly Cal. No. 191/Senate Agriculture
NYSAR opposes a measure to expand current law by requiring sellers of property partially or wholly within five-hundred feet of an agricultural district to provide the agriculture disclosure form to prospective buyers. Most sellers do not have the ability to accurately determine where 500 feet beyond their entire property line extends and whether that additional 500 feet runs into an agricultural district. This legislation fails to provide a mechanism for sellers to definitively obtain this information. 

Private Well Testing Act (A.667-A Jaffee/S.2709 Grisanti)
Status: Assembly Cal. No. 46/Senate Environmental Conservation 
NYSAR opposes legislation to require a water quality test as a condition of the transfer of any real property served by a well. This legislation will delay real estate closings and it is unnecessary, duplicative and essentially an unfunded mandate on New York State homeowners.

Doubling of Statewide Mortgage Recording Tax (A.3307 Magnarelli)
Status: Assembly Ways & Means
NYSAR strongly opposes legislation that would double the “additional” mortgage recording tax in every county in New York State that is not part of the Metropolitan Commuter Transportation District. New York has the highest closing costs in the country already. This bill would significantly increase the cost of purchasing a home and/or commercial property, and refinancing a current mortgage.

Statewide Transfer Tax Authorization (S.1447 Breslin)
Status: Senate Environmental Conservation
NYSAR opposes all legislation that would allow greater municipal oversight and responsibility for the approval of transfer tax increases, regardless of the intent of the dedicated monies. 

Wetlands Oversight (A.3374 Sweeney;S.4617 Avella) 
Status: Assembly Cal. No. 133; Senate Environmental Conservation
NYSAR opposes this unnecessary legislation which will increase the state Department of Environmental Conservation’s oversight of wetlands. If enacted, this proposal could stop or delay construction and development projects throughout New York State and discourage future business investments.

Prohibition on Broker Prepared Legal Documents (A.45 Latimer/S.3473 Oppenheimer)
Status: Assembly Judiciary/Senate Judiciary
NYSAR opposes legislation which would prohibit real estate brokers from providing legal advice or preparing legal documents in real estate matters unless such person is also a licensed attorney in New York State. 

Restrictions on Property Owners Use of Apartments (A.3033 Lopez/S.81 Squadron)
Status: Assembly Housing/Senate Housing & Construction
NYSAR opposes this legislation, which would impose additional restrictions on property owners’ ability to reside in their own property. This bill seeks to prohibit property owners subject to rent regulation from recovering more than one apartment for their personal use. Current rent control laws already require that a property owner establish a good faith reason for seeking a tenant’s apartment for their own use and an immediate and compelling necessity for doing so. 

Citizen Suits (A.4801Kavanagh)
Status: Assembly Environmental Conservation
NYSAR strongly opposes legislation that would grant private citizens the ability to commence a civil action seeking to remedy certain violations to the Environmental Conservation Law (ECL). Providing private citizens with the ability to seek judicial enforcement of the ECL carries the unintended consequence of further crippling New York State’s building and development industries. Additionally, this legislation is unnecessary as current vehicles to remedy any violations of the ECL already exist.

Voter Registration (A.5909 Kavanagh/S.1560 Addabbo)
Status: Assembly Judiciary/Senate Judiciary
NYSAR opposes legislation to require every landlord that rents residential real property in New York State to provide tenants with voter registration forms at the time of lease execution. While NYSAR strongly supports efforts to increase voter registration in New York, we do not believe the rental transaction is the appropriate mechanism to facilitate or fulfill the intent of this legislation.  




Copyright 2012 HANFRA
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