New cease and desist lists are available for Bronx, Kings and Queens counties
NYSAR has discovered that the New York State Department of State, Division of Licensing Services has posted new cease and desist lists based on the emergency rule reinstating certain cease and desist zones that had previously expired. The new cease and desist lists go into effect on Sunday, August 1, 2010. To view the lists on the DOS website, click here. REALTORS should verify the names and addresses of any individuals on the list before attempting to solicit the individual to list their property for sale or rent. The exact language of the regulation is set forth below:

§175.17 Prohibitions in relation to solicitation
(a) No broker or salesperson shall induce or attempt to induce an owner to sell or lease any residential property or to list same for sale or lease by making any representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion or national origin.
(b)(1) No licensed real estate broker or salesperson shall solicit the sale, lease or the listing for sale or lease of residential property after such licensee has received written notice from an owner thereof that such owner or owners do not desire to sell, lease or list such property.
(2) Notice provided under the provisions of this subdivision to a real estate broker shall constitute notice to all associate brokers and salespersons who are employed by the real estate broker.
(c)(1) No licensed real estate broker or salesperson shall solicit the sale, lease or the listing for sale or lease of residential property from owner of residential property located in a designated cease and desist zone if such owner has filed a cease and desist notice with the Department of State indicating that such owner or owners do not desire to sell, lease or list their residential property and do not desire to be solicited to sell, lease or list their residential property.

Members with any questions or concerns can contact the NYSAR Legal Hotline, available Monday through Thursday from 9 a.m. to 1 p.m. by calling 518-436-9727.