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What is NYC AC § 8-204?

Quick Answer

This section allows the commission to designate non-solicitation areas for up to two years to prevent practices that may harm property values or change the area's demographic composition. The designation can be extended and is announced through legal notice. Applies to real estate brokers and property operators in designated areas.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 8-204 Non-solicitation areas.

AC § 8-204

1.The commission may designate an area as a non-solicitation area for a period of up to one year upon making written findings based on substantial evidence introduced at a public hearing that: (a) practices made unlawful by section 8-203 of this chapter, the inducement or encouragement by brokers or dealers of the use of fraudulent mortgage applications for the purchase of dwellings, or the direction based on race, creed, color or national origin by brokers or dealers of prospective purchasers or applicants to dwellings, or an unusually great incidence of solicitation are consistently occurring within the area, and that (b) such practices are causing, or are likely to cause, residents within the area to believe that: (1) property values in the area are declining, or about to decline rapidly; or (2) the area is experiencing, or is about to experience: (i) a declining level of maintenance of its housing stock; or (ii) an increase in criminal behavior; or (iii) a change in the racial, religious or ethnic composition of the schools in the area; or (3) the area is experiencing, or is about to experience, a material change in its racial, religious or ethnic composition; and (c) therefore, the temporary prohibition in the area of the real estate activities described in section 8-205 of this chapter is necessary to prevent a material change in the area's racial, religious or ethnic composition.

2.The commission may extend one or more times the designation of a non-solicitation area made pursuant to subdivision one of this section for a period of up to one year upon making written findings, based on substantial evidence introduced at a public hearing, that such extension is necessary to achieve the designation's purpose, as described in paragraph (c) of subdivision one of this section, provided, however, that no extension may be granted which, together with the original designation and all previous extensions, will maintain a non-solicitation area for a continuous period greater than two years. The public hearing on any extension shall be held not more than thirty days before the day on which the designation or earlier extension is scheduled to expire.

3.

(a)The commission shall promptly announce by legal notice each designation made pursuant to subdivision one of this section and each extension made pursuant to subdivision two of this section, describing the area to which it applies by references to named streets and landmarks. Any designation shall take effect upon the completion of the publication required for legal notice. Any extension shall take effect at the time at which the designation or earlier extension would otherwise expire.

(b)The commission shall maintain, and make available to all interested persons, a current listing of designated non-solicitation areas.

4.The commission may, at any time, terminate the designation of a non-solicitation area made pursuant to subdivision one of this section or the extension of a designation made pursuant to subdivision two of this section upon making findings, based on substantial evidence introduced at a public hearing, that the continuation of the designation or its extension is no longer necessary to achieve the designation's purpose, as described in this section.

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