NY State — NY Real Property Law

§ 440-A — SECTION 440-A License required for real estate brokers and salespersons

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPL § 440-A?

Quick Answer

This section mandates that individuals and entities must obtain a license to operate as real estate brokers or salespersons in New York. It outlines age and criminal history requirements for licensure. Tenant associations and certain not-for-profit corporations managing city-owned residential properties are exempt from these licensing requirements. Applies to real estate professionals in New York.

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

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§ 440-A SECTION 440-A License required for real estate brokers and salespersons

RPL § 440-A

§ 440-a. License required for real estate brokers and salespersons. No person, co-partnership, limited liability company or corporation shall engage in or follow the business or occupation of, or hold themselves or itself out or act temporarily or otherwise as a real estate broker or real estate salesperson in this state without first procuring a license therefor as provided in this article. No person shall be entitled to a license as a real estate broker under this article, either as an individual or as a member of a co-partnership, or as a member or manager of a limited liability company or as an officer of a corporation, unless they are twenty years of age or over. No person shall be entitled to a license as a real estate salesperson under this article unless they are over the age of eighteen years. No person shall be entitled to a license as a real estate broker or real estate salesperson under this article who has been convicted in this state or elsewhere of a crime, unless the secretary makes a finding in conformance with all applicable statutory requirements, including those contained in article twenty-three-A of the correction law, that such convictions do not constitute a bar to licensure. No person shall be entitled to a license as a real estate broker or real estate salesperson under this article who does not meet the requirements of section 3-503 of the general obligations law.

Notwithstanding anything to the contrary in this section, tenant associations and not-for-profit corporations authorized in writing by the commissioner of the department of the city of New York charged with enforcement of the housing maintenance code of such city to manage residential property owned by such city or appointed by a court of competent jurisdiction to manage residential property owned by such city shall be exempt from the licensing provisions of this section with respect to the properties so managed.

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