21. Failure to Investigate Legality of Rental

94 DOS 93 Matter of Parenti - incompetency in renting apartment in illegal two-family house without checking certificate of occupancy; unreasonable to rely on owner's claim of two-family status without making reasonable inquiry; restitution of rental commission

150 DOS 93 Matter of DOS v. Kirkman - charge of listing rental without authorization (175.10) dismissed; where relied upon (mis)representation of claimed manager and broker acting on a similar representation, had previously obtained tenants without incident

67 DOS 04 Matter of Garreau - prior misconduct; proof of qualifying experience; forgery; direct relationship exists between criminal convictions (felony forgery and grand larceny) and essential duties as a real estate salesperson; risk sufficiently attenuated where five years post conviction lawful behavior and applicant produced substantial reputation evidence of good character; application for salesperson license granted

670 DOS 07 Matter of Shiamili- failure to pay commission and sales promotion to sales associate (Stowell v. Cuomo, 52 NY2d 208 [1981]); failure to pay judgments; failure to cooperate; $2000 fine and suspension until judgments paid

737 DOS 07 Matter of Behrmann- alleged false affirmation of continuing education; charge dismissed due to no response to request for information; failure to cooperate; revocation

889 DOS 07 Matter of Lombardi- appraiser; preparation of two misleading reports in violation of USPAP; failure to cooperate charge dismissed as appraisers do not have duty to cooperate; appraiser license revoked

1416 DOS 07 Matter of Dickson- broker; demand for $3,000 “termination fee” is demand for an unearned commission; breach of fiduciary duty; offer of property not authorized 175.10; improper advertising without identifying broker 175.25; $3000 fine and requirement of unconditional release of seller

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Fourth quarter Legal Lines now available

The fourth quarter 2019 edition of NYSAR’s Legal Lines is now available online at This edition covers new DOS proposed regulations, emotional support animals in housing, Landlord discrimination and more. Learn more