HANFRA Members
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HANFRA - Hamptons & North Fork REALTORS® Association members are available to help you buy or sell real estate on Long Island, across the East End  - The Hamptons & North Fork and Shelter Island. 
 


    

NYSAR SITE
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http://www.nysar.com/


About the New York State Association of REALTORS

The Albany, NY-based New York State Association of REALTORS® is a not-for-profit trade organization representing more than 48,000 of New York State's real estate professionals.

 


 Member Benefits

 

 

The association provides a variety of benefits including legislative and legal representation, educational programs, publications such as the New York State REALTOR® and a code of professional standards.

 

The term REALTOR® is a registered trademark, which identifies real estate professionals who subscribe to a strict code of ethics as a member of the National Association of REALTORS®. These REALTORS® are also members of the New York Association of REALTORS® as well as their local board or association of REALTORS®.

 

The New York State Association of REALTORS® was founded in 1905 as the Real Estate Association of New York State, and for a time was better known as the New York State Association of Real Estate Boards.

 

Throughout its history, NYSAR has remained consistent in its purpose, yet has progressed and matured with the times. The goal is to assist the association's members in conducting their business successfully and ethically, while promoting the preservation of the right to own, transfer and use real property.


 

2014 NYSAR Legislative Priorities
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NYSAR SUPPORTS ENACTMENT OF THE FOLLOWING :

Broker Rebates (S.5693A - Zeldin; A.7979A - Lavine)
Status: Senate Judiciary / Assembly Judiciary
NYSAR supports legislation clarifying and codifying the ability of brokers to offer buyers and sellers, landlords and tenants, rebates and other monetary incentives for using their real estate broker services.  The legislation amends §442 of the Real Property Law titled “Splitting Commissions,” to explicitly state that nothing shall prohibit a broker from offering any part of a fee, commission, or other compensation received by the broker to the seller, buyer, landlord or tenant as an incentive for using the services of that broker.  Per the NYS Department of State and the NYS Attorney General, broker rebates/incentives are legal.  This legislation simply clarifies the existing statutory language.
 
Transparency and Disclosure in Co-operative Housing (A.2556 - Lavine; A.4388 - Perry)
Status: Assembly Housing Committee

NYSAR supports legislation that would bring greater transparency to the process of considering the sale of shares in a co-operative housing corporation.

Ensuring Availability of FHA Loans in New York State (A.9539 – Morelle; S.7224 – Farley)
Status: Assembly Banks/Senate Cal. #911

NYSAR supports legislation that provides for technical amendments to New York State banking laws adjusting the subprime threshold for loans insured by the Federal Housing Authority (FHA).  The legislation codifies previously adopted emergency rules by the New York State Department of Financial Services that addressed the unforeseen consequence of the imposition of the FHA mandated Mortgage Interest Premium as it relates to a home loan’s annual percentage rate.

Scaffold Law Reform (A.3104 - Morelle; S.111 - Gallivan)
Status: Assembly Judiciary/Senate Judiciary
NYSAR supports legislation that would establish a comparative negligence standard for claims under Labor Law 240 and 241.  New York’s antiquated Scaffold law which imposes an absolute liability standard on employers in negligence claims continues to drive up costs on endless segments of our economy including construction, insurance, farming and small business.  This bill takes a limited approach at addressing the absolute liability standard in current law while not taking away any rights of an injured worker to sue.
 
Vested Rights for Property Owners (A.494 – Paulin; S.2565 - Ball)(S.6425 – Ball)
Status: Assembly Local Governments/Senate Local Government Committee
NYSAR supports legislation to limit municipalities’ ability to alter local codes, laws, ordinances, rules and regulations during the course local development projects.  This legislation will require municipalities to maintain a consistent set of rules throughout a construction project, except in certain reasonable instances.  A.494 and S. 2565 create a six year pilot program for the implementation of this provision in the counties of Dutchess, Orange, Putnam, Rockland and Westchester while S. 6425 would apply statewide.
 
 
Mandate Relief
NYSAR 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 was designed to advance significant mandate relief in New York such as making the pension system predictable and affordable, reducing the costs of construction on public/private projects, and reforming the Scaffold Law.  To date the coalition has been successful in supporting Tier VI implementation and the takeover of Medicaid growth by the state.  NYSAR will continue to work with this coalition this year to advocate for mandate relief for New York’s local governments and school districts.
 
First-time Homebuyer Savings Accounts (S.3581 – Robach)
Status: 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.
 
Study & Stay Program (S.6699 – Valesky)
Status: Senate Investigations and Government Operations Committee
NYSAR supports legislation providing for incentives to graduates of a New York public or private university or health care training school or graduates of a regional vocational technical school to purchase a first home in New York.  These graduates will be able to set aside up to $2,500 annually into a tax deductible first time home buyers account.  The funds must be used towards the down payment of a first time home purchase within a ten year period after their graduation.
 
Increasing the Threshold for the Mansion Tax (A.160 – Kavanagh)(S.2061A – Latimer/A.6612A - Buchwald)
Status: Assembly Ways and Means Committee/Senate Investigations and Government Operations
NYSAR supports legislation to increase the minimum price threshold at which the so-called “Mansion Tax” is triggered.  The “Mansion Tax” imposes an additional one percent tax on buyers who purchase a home for $1 million or more.    
 
Exemption of Mortgage Recording Tax for First Time Homebuyers (A.907 – Weprin; S.2456 -Lanza)
Status: Assembly Ways and Means Committee/Senate Investigations and Government Operations
NYSAR supports legislation to exempt first time home buyers from paying the state mortgage recording tax where the residential property being mortgaged is the mortgagor's principal place of residence.

 

NYSAR OPPOSES ENACTMENT OF THE FOLLOWING LEGISLATION


Private Well Testing Act (A.1040 – Jaffee)
Status: Passed Assembly/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.
 
Well Water Education Act (A.1039 – Jaffee)
Status: Assembly Codes
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.1393 – Gunther/S.3860 - Ranzenhofer)
Status: Assembly Cal.#78, Laid Aside on 1/22/14 / Senate Agriculture Committee
NYSAR opposes legislation 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 five-hundred 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.  While this legislation may be well intended, the arbitrary distance of 500 feet will provide little to no benefit to prospective purchasers while once again placing an undue burden on sellers. While NYSAR understands and empathizes with the intent of increased disclosure that this legislation seeks, we do not believe this proposal will bring about the sought after results.
 
Fire Sprinkler Lease Disclosure (A.7641A - DenDekker/S.5212A - Flanagan)
Status: Assembly Cal. # 443, Laid Aside on 2/10/14/Senate Cal. No. 666
NYSAR opposes legislation that requires all residential leases to contain conspicuous notice as to the existence or non-existence of a maintained and operative sprinkler system in leased premises.  This legislation has several technical flaws and is ambiguous in its requirements and liabilities.
 
Requirement of License Number Disclosure (A.4216 – DenDekker)
Status: Assembly Judiciary
NYSAR strongly opposes legislation that would require every real estate salesperson and real estate broker involved in or present during a real estate transaction to include his or her license number on every document requiring a signature.  This bill is unnecessary, burdensome and will not achieve its desired result.
 
 
Broker Signature on All Real Estate Documents (A.4217 – DenDekker)
Status: Assembly Judiciary 
NYSAR strongly opposes this legislation which would require real estate brokers to sign every document that requires the signature of a salesperson during the lease, rental or sale of real property.  This bill is unnecessary, impractical and overly burdensome.  License law and the REALTOR® Code of Ethics already impose a duty of supervision and responsibility on brokers and their affiliated licensees.   
 
Source of Income (S.187 - Squadron)(A.5437 – Crespo)(S.2716 – Adams)(A.8688 - Weprin)
Status: Senate Investigations and Government Operations/Assembly Governmental Operations
NYSAR opposes this legislation which seeks to add “source of income” as a protected class in New York State Human Rights and Executive Law.  The sweeping language of these bills would constitute a serious intrusion on the rights of property owners to conduct their own business with prospective purchasers and renters.  
 
Residential Fire Sprinklers
Status: New York State Fire Prevention and Building Codes Council
NYSAR opposes a proposal pending before the New York State Code Council which would amend the building code to mandate the installation of fire sprinklers in all new one and two-family homes and townhomes in New York.  The decision to install fire sprinklers should be a consumer choice or left to local municipalities.
 
Citizen Suits (A.7155 – O’Donnell/S.675 – Avella)(A.2047A – Kavanagh/S.2769A – Parker)
Status: A.7155: Assembly Cal. #538, Laid Aside on 4/8/14/Senate Environmental Conservation
A.2047A: Assembly Cal. #747/Senate Environmental Conservation
NYSAR 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 several means to remedy any violations of the ECL already exist.
 
Wetlands Oversight (S.728 – Avella)
Status: 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 and discourage future business investments.
 
Doubling of Fines for Violation of RE License Law (A.731 – Weprin)
Status: Assembly Codes Committee
NYSAR strongly opposes legislation to increase the fine imposed for violations of the real estate licensing laws from $1,000 to $2,000, and creating new procedures relating to cease and desist zones.  This legislation is unnecessary.  In 2011 the Department of State had no reported violations of cease and desist zones by real estate licensees.  The current fines and procedures relating to cease and desist zones are clearly adequate.  
 
 
Sex Offender Disclosure (A.1763 – Englebright; S.1527 – Flanagan)
Status: Assembly Judiciary Committee/Senate Judiciary Committee
NYSAR opposes legislation to require disclosure of the availability of certain sex offender information upon the sale or lease of residential real property.  While NYSAR supports disclosure of sex offender information, NYSAR is concerned about the liability created by these requirements, the necessity of including sex offender information within a real estate contract or lease, and other technical flaws contained in these bills.
 
Restrictions on Property Owners Use of Apartments (A.5177 - Wright)
Status: Passed Assembly/Senate Housing and 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.

Property tax relief
Property tax relief is a top legislative priority for lawmakers and NYSAR alike. REALTORS will be active advocates for significant tax reductions in the near term and structural reforms to the tax code that will foster tax savings for property owners. NYSAR will also be aligning itself with several statewide coalitions in an effort to further push for reduced state spending and property tax reform.

Transactional real estate brokerage
NYSAR seeks to provide an alternative to traditional buyer or seller agency that is commonly used in many other states including Florida, New Jersey, Colorado, New Mexico and others. In this type of transaction, the broker represents neither the seller nor buyer. Rather the broker remains a neutral party and still must deal honestly and fairly with all parties involved in the transaction.

Advanced consent to dual agency
NYSAR supports legislation permitting the advanced consent to dual agency by buyers and sellers of real estate.  Currently, brokers are required to provide sellers with a disclosure acknowledging their agreed to agency relationship. However, if dual agency arises, the seller must execute a new form with each and every instance.  Providing advanced consent to dual agency will allow sellers to provide advanced consent to dual agency rather than signing numerous dual agency disclosure forms.

Affordable health care
Access to affordable health care is unattainable for many REALTOR members. In fact, the National Association of REALTORS reports that almost 30 percent of all REALTORS have no health insurance coverage at all. NYSAR will be examining and supporting legislative proposals that provide more affordable health care to all REALTORS.

Property Condition Disclosure reforms (S.    Libous / A.1364)
In 2009, NYSAR will seek to improve and streamline the current statutory required Sellers Property Condition Disclosure form with the goal of making it easier for sellers to complete and more useful for buyers.

Transparency and disclosure in co-operative housing (S.    Skelos/A.     Perry;
S.    Skelos/A.1211 Destito)
NYSAR supports legislation that would bring greater transparency to the process of considering the sale of shares in a co-operative housing corporation.




NYSAR OPPOSES ENACTMENT OF THE FOLLOWING LEGISLATION:

Prohibition of brokerage agreements in New York City (S.828 Kruger)
NYSAR will be opposing this new legislative proposal that would prohibit “exclusive” brokerage agreements between brokers and sellers of non-multiple, residential dwellings within New York City. If enacted, all sales contracts between sellers and brokers “shall be deemed to be void as against public policy and wholly unenforceable.” Further, the legislation states that, “No real estate broker, salesman or agent shall be entitled to earn or collect any commission for services rendered” pursuant to such contract.

Loan counseling requirement as part of contract of sale (S.134 Sampson/A.3192 Towns)
This legislation would require a “loan counseling disclosure notice” to be attached to all contracts of commercial or residential sale of real property.  The bill requires that the form shall be signed by borrowers at the time of contract and attached to the contract of sale. Under the bill, attorneys are required to maintain updated lists of approved “home loan counselors” within 100 miles via HUD or the NYC Housing Preservation and Development websites.  This legislation has serious technical flaws and in regions of the state where contracts are often prepared by real estate brokers, this legislation may have unintended consequences.

Real estate licensee scope of practice (A.2975 Benjamin)
NYSAR will oppose this legislation, which would mandate a real estate broker practice solely within the confines of their county of residence or the county of their principal or branch office.

Statewide transfer tax authorization (S.381 Breslin)
NYSAR will again oppose all legislation that would create a more fluid process for the approval of transfer tax increases, regardless of the intent of the dedicated monies.

Wetlands oversight (S.848 Marcellino)
NYSAR opposes this unnecessary legislation, which would increase state Department of Environmental Conservation oversight of wetlands.

Water testing disclosure (S.1251 Saland)
NYSAR opposes this legislation for several reasons, including the fact that it will delay real estate closings, the lack of clarity within the legislation regarding a sunset for recession by purchasers and the ambiguity of the type and scope of water test required under the legislation.

Curbing of availability of real property records (A.2829)
Chapter 223 of the laws of 2008 amended public officer’s law to provide an exemption for the disclosure of real property information by county clerks. This legislation would eliminate this exemption and therefore severely restrict the availability of real property information for consumers, real estate licensees and other interested parties.

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