Section 441. Application for license

1.  Form.  (a)  Any  person,
  copartnership, limited liability company or corporation desiring to  act
  as  a  real estate broker or any person desiring to act as a real estate
  salesman on  or  after  the  first  day  of  October,  nineteen  hundred
  twenty-two,  shall  file  with  the department of state at its office in
  Albany an application for the kind of license desired, in such form  and
  detail  as  such  department  shall  prescribe  and  conforming  to  the
  requirements of section 3-503 of the general  obligations  law,  setting
  forth the following, if the application be for a broker's license:
    (i)  The  name  and  residence  address  of  the  applicant, and if an
  individual the name under which he intends to conduct business.
    (ii) If the applicant  be  a  copartnership  the  name  and  residence
  address  of each member thereof and the name under which the business is
  to be conducted; or, if the applicant be a  limited  liability  company,
  the  name  of  the  company,  and  the name and residence of each of its
  members; or, if  the  applicant  be  a  corporation,  the  name  of  the
  corporation and the name and residence address of each of its officers.
    (iii)  The  place or places, including the city, town or village, with
  the street and number, where the business is to be conducted.
    (iv)  The  business  or  occupation  theretofore  engaged  in  by  the
  applicant,  or,  if  a  copartnership,  by each member thereof, or, if a
  limited liability company, by each member thereof, or, if a corporation,
  by each  officer  thereof,  for  a  period  of  two  years,  immediately
  preceding  the  date  of  such  application,  setting forth the place or
  places where such business or occupation was engaged in and the name  or
  names of employers, if any.
    (v)  The  form, information and statement required by section 3-503 of
  the general obligations law.
    (b) Such further information as the department may reasonably  require
  shall be furnished by the applicant including sufficient proof of having
  taken  and  passed  a written examination and answered such questions as
  may be prepared  by  the  department  to  enable  it  to  determine  the
  trustworthiness  of the applicant if an individual, or of each member of
  a co-partnership or each member of a limited liability company  or  each
  officer  of  a  corporation for whom a license as a broker is asked, and
  his or their competency to transact the business of real  estate  broker
  in  such  a  manner  as  to  safeguard  the  interests of the public. In
  determining competency, the department  shall  require  proof  that  the
  person  being  tested  to  qualify to apply for a broker's license has a
  fair knowledge of the English language,  a  fair  understanding  of  the
  general  purposes  and  general  legal  effect of deeds, mortgages, land
  contracts of sale, and leases, a general and fair understanding  of  the
  obligations between principal and agent, as well as of the provisions of
  this section. The applicant must also furnish proof that he has attended
  for  at  least one hundred twenty hours and has successfully completed a
  real estate course or courses approved by the secretary of state  as  to
  method and content and supervision which approval may be withdrawn if in
  the  opinion  of  the  secretary of state said course or courses are not
  being conducted properly as to method, content and supervision, and that
  either the applicant has  actively  participated  in  the  general  real
  estate  brokerage  business as a licensed real estate salesman under the
  supervision of a licensed real estate broker for a period  of  not  less
  than  two  years  or  has  had the equivalent experience in general real
  estate business for a period of at least  three  years,  the  nature  of
  which  experience  shall be established by affidavit duly sworn to under
  oath and/or other and further proof required by the department of state.
  Computer-based and distance-learning courses  may  be  approved  by  the
  department  so  long as providers demonstrate the ability to monitor and

  verify participation by the applicant for  the  specified  time  period.
  Notwithstanding  the  foregoing  authority to approve computer-based and
  distance-learning courses, the department may prescribe  that  specified
  subjects or hours must be presented in a classroom setting.
    (c) In the event the applicant shall be a licensed salesman under this
  article  and  shall  have  submitted  acceptable  proof  pursuant to the
  provisions of either paragraph (d) of subdivision one-A of this  section
  or paragraph (a) of subdivision three of this section of having attended
  and successfully completed seventy-five hours of an approved real estate
  course or courses within eight years of the date of the application, the
  department  may  accept  and  credit same against the one hundred twenty
  hours required hereunder.
    1-A. (a) Every application for a real estate salesman's license  shall
  set forth:
    (i) The name and residence address of the applicant.
    (ii)  The  name and principal business address of the broker with whom
  he is to be associated.
    (iii) The  business  or  occupation  engaged  in  for  the  two  years
  immediately  preceding  the  date  of the application, setting forth the
  place or places where such business or occupation was  engaged  in,  and
  the name or names of employers if any.
    (iv)  The  length  of  time  he  has  been  engaged in the real estate
  business.
    (v) The form, information and statement required by section  3-503  of
  the general obligations law.
    (b) Each applicant for a salesman's license shall provide such further
  information  as the department may reasonably require, appearing at such
  time and place as may be designated by the department, to take a written
  examination and  answer  such  questions  as  may  be  prepared  by  the
  department  to  enable  it  to  determine  the  trustworthiness  of  the
  applicant and the applicant's competence to  transact  the  business  of
  real  estate  salesman in such a manner as to safeguard the interests of
  the public, including the applicant's working  knowledge  of  the  basic
  concepts  of law pertaining to contracts, real property, agency and this
  article which govern conduct of such business, mastery of  basic  skills
  needed  to  perform  the  applicant's  duties,  working knowledge of the
  ethical obligations of a real estate  salesman,  and  knowledge  of  the
  provisions  of  the general obligations law pertaining to performance of
  the applicant's duties.
    (c) Each application for either a broker's or salesman's license under
  this article shall be subscribed by the  applicant;  or  if  made  by  a
  co-partnership it shall be subscribed by a member thereof, or if made by
  a  corporation  it  shall be subscribed by an officer thereof, and shall
  conform to the requirements of section 3-503 of the general  obligations
  law.  Each  application  shall  contain  an affirmation by the person so
  subscribing that the statements therein are true under the penalties  of
  perjury.  An  application  for  a  license  shall  be accompanied by the
  appropriate license fee, as hereinafter prescribed in this article.
    (d) Anything to the contrary herein notwithstanding, on and after  the
  effective  date  of this paragraph, no salesman's license or conditional
  license shall  be  issued  by  the  department  unless  the  application
  therefor  has  been  accompanied by proof that prior to such application
  the applicant has attended at least seventy-five hours and  successfully
  completed  a  real estate course or courses approved by the secretary of
  state as to method and content and supervision, which  approval  may  be
  withdrawn  if  in  the  opinion of the secretary of state said course or
  courses  are  not  properly  conducted  as  to   method,   content   and
  supervision.   Computer-based   and  distance-learning  courses  may  be

  approved by the department so long as providers demonstrate the  ability
  to  monitor  and verify participation by the applicant for the specified
  time  period.  Notwithstanding  the  foregoing  authority   to   approve
  computer-based   and   distance-learning  courses,  the  department  may
  prescribe that specified subjects  or  hours  must  be  presented  in  a
  classroom setting.
    2.  Renewals.  Any  license  granted under the provision hereof may be
  renewed by the  department  upon  application  therefor  by  the  holder
  thereof,  in such form as the department may prescribe and conforming to
  the requirements of section 3-503 of the general  obligations  law,  and
  payment  of the fee for such license. In case of application for renewal
  of license, the department may dispense with  the  requirement  of  such
  statements  as  it  deems  unnecessary in view of those contained in the
  original  application  for  license  but  may  not  dispense  with   the
  requirements  of section 3-503 of the general obligations law. A renewal
  period within the meaning of this act is considered as being a period of
  two years from the date of expiration of a  previously  issued  license.
  The  department  shall  require  any  applicant,  who does not apply for
  renewal of license within such period, to qualify by passing the written
  examination as provided herein, and may require any licensee who has not
  yet passed the written examination, and who cannot reasonably  prove  to
  the  satisfaction  of  the  department,  that he can meet the competency
  requirements, to pass  the  written  examination  before  a  renewal  of
  license shall be granted; provided, however, that a person who failed or
  was unable to renew his license by reason of his induction or enlistment
  in  the  armed forces of the United States shall not be required to take
  or pass such examination.
    3. (a) No renewal license shall be  issued  any  licensee  under  this
  article  for  any  license  period  commencing  November first, nineteen
  hundred ninety-five unless such licensee shall have within the two  year
  period  immediately  preceding such renewal attended at least twenty-two
  and  one-half  hours  which  shall  include  at  least  three  hours  of
  instruction pertaining to fair housing and/or discrimination in the sale
  or  rental  of  real  property  or  an  interest  in  real  property and
  successfully completed a continuing  education  real  estate  course  or
  courses  approved  by  the  secretary of state as to method, content and
  supervision, which approval may be withdrawn if in the  opinion  of  the
  secretary  of  state  such  course  or  courses  are not being conducted
  properly as to method,  content  and  supervision.  The  licensee  shall
  provide  an  affidavit, in a form acceptable to the department of state,
  establishing the nature of the continuing education acquired  and  shall
  provide  such  further proof as required by the department of state. The
  provisions of this paragraph shall not apply to any licensed real estate
  broker who is engaged full time in the real estate business and who  has
  been licensed under this article prior to July first, two thousand eight
  for  at  least  fifteen  consecutive  years  immediately  preceding such
  renewal.
    (b) Notwithstanding the provisions of section four hundred one of  the
  state   administrative   procedure  act,  except  as  provided  in  this
  paragraph, no license issued under this article shall continue in effect
  beyond the period for which it is issued  if  the  proof  of  attendance
  required   hereunder  is  not  submitted  and  accepted  prior  to  such
  expiration date. The department in its discretion may  however  issue  a
  temporary  renewal  license for such period of time it deems appropriate
  to permit the submission of the required proof of  attendance  when  the
  failure to submit such proof is not due to the fault of the licensee.
    (c)  The  secretary  of  state shall promulgate rules establishing the
  method, content, setting and supervision requirements of the  continuing

  education real estate course or courses provided for in this section. In
  establishing  the  requirements  for  the continuing education course or
  courses, the secretary of state shall permit alternatives  with  respect
  to  content  and  method of presentation in consideration of the type of
  brokerage practiced and the availability of the sources of  such  course
  or  courses  in  different areas of the state. Each course shall have an
  established curriculum composed primarily of real  estate  practice  and
  professional  responsibility  and  ethics  and properly prepared written
  materials of the subject matter which shall be distributed  as  part  of
  the  course.  It  shall  be taught by a qualified faculty with attorneys
  presenting legal subjects. Credit shall be awarded on the basis  of  one
  hour  for  each  sixty minutes of actual attendance and records shall be
  maintained of attendance at each session which shall be  transmitted  to
  the  department  at  the  conclusion  of  the course. Computer-based and
  distance learning courses may be approved by the department so  long  as
  providers demonstrate the ability to monitor and verify participation by
  the licensee for the specified time period.
    (d)  The  state  real  estate  board, created pursuant to section four
  hundred forty-two-i of  this  article,  shall  not  have  the  power  to
  promulgate   any  rule,  regulation  or  guidance  requiring  continuing
  education  for  real  estate  brokers  or   salespeople   except   those
  requirements  set  forth  in  subdivisions two and three of section four
  hundred forty-two-k of this article.
    4. The fees provided for by this section shall not be refundable.