48. Steering

36 DOS 95 Matter of Rubino - DOS testers; DOS fails to prove steering

54 DOS 95 Matter of DOS v. Bosco, et al. - Steering; reasonable explanation for differential treatment scrutinized; salespersons lying to black testers about advertised home and availability of houses constituted steering, revocation; broker not vicariously liable without actual knowledge or independent finding of untrustworthiness or incompetency; Roberts standard for revocation or suspension; lesser sanctions not automatic

318 DOS 97 Matter of DOS v. McDermott - apartment information vendors; unlicensed activity; collateral estoppel; unlicensed operation of apartment information vendor business; steering; license as a real estate broker does not permit engaging in the business of apartment information vendor; broker acted in violation of consent order and declaratory ruling (92-43); broker engaged in conduct of racial steering; res judicata does not apply to consent judgment in the United States District Court, Eastern District of New York where primary relief sought by DOS (license revocation) was not available in prior action; collateral estoppel is not applicable for a consent judgment unless the underlying factual issues have been resolved; license revoked

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Second quarter Legal Lines now available

The second quarter 2019 edition of NYSAR’s Legal Lines is now available online at This edition covers who needs to sign a listing agreement, the issue of websites and accessibility for individuals protected under the Americans with Disabilities Act, a broker was not found liable for fraud to to a disclaimer in the purchase contract and more. Learn more