DOS to begin enforcing cease and desist zones in Bronx and Queens counties
Recently, the New York State Department of State adopted regulations to establish cease and desist zones for parts of Bronx and Queens counties. The regulations that created the zones went into effect on Oct. 1, 2017 and will expire on Oct. 1, 2022.
According to the DOS, “While the zones are in effect, it will be unlawful for any licensed real estate broker or salesperson, or any other person regularly engaged in the business of buying and selling property to solicit a homeowner within the zone that has filed a notice with the DOS requesting not to receive such solicitations.” A list of homeowners that have filed such statements will be available on the department’s website for free. Those individuals wishing to purchase a hard copy of the list may do so for $10. The first cease and desist list was published on Dec. 1, 2017.
As of Dec. 1, the DOS website published a 115-page cease and desist list for Queens County and no cease and desist list for Bronx County (as there were no addresses submitted for the Bronx cease and desist zone prior to Dec. 1.) The DOS has indicated that the lists will be updated on the first of each month.
Also available on the cease and desist section of the website is a map of the cease and desist zones, FAQs, and other information related to cease and desist zones.
NYSAR highly recommends that any broker or brokerage that advertises in cease and desist zones (or zip codes that overlap into a cease and desist zone) implement a strong compliance policy including providing the current cease and desist lists monthly to associated licensees.
Sending solicitations to a homeowner that has registered with the DOS can result in monetary fines and/or the suspension or revocation of your license. The DOS has indicated it will begin enforcing the new cease and desist zones on Jan. 1, 2018.
For more information, please call NYSAR’s Legal Hotline. The Legal Hotline is a free service for NYSAR members and is available Monday-Friday from 9 a.m to 4 p.m. at 518-436-9727.