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1. Apartment Information Vendors

Declaratory Ruling 92-43 Matter of McDermott - studio room with bathroom is an apartment. RPL Article 12-C license required for apartment information vendor

141 DOS 92 Matter of Bernier − "finder" for apartment must be licensed as broker, salesperson or apartment information vendor

CRC #97-2488 Matter of DOS v. Vogelfang, Consent Order - agreement to cease and desist from engaging in the business of apartment information vendor unless and until duly licensed; restitution in the amount of $177 plus interest

CRC #97-2764 Matter of DOS v. List, Consent Order - agreement to cease and desist from engaging in the business of apartment information vendor unless and until duly licensed; restitution in the amount of $177 plus interest

CRC #97-2491 Matter of DOS v. Kirk, Consent Order - unlicensed engagement in the business of apartment information vendor; restitution $115 plus interest

CRC #97-3004 Matter of DOS v. Kirk, Consent Order - unlicensed engagement in the business of apartment information vendor; restitution $115 plus interest

CRC #97-2912 Matter of DOS v. Kirk, Consent Order - unlicensed engagement in the business of apartment information vendor; restitution $145.80 plus interest

CRC #97-2763 Matter of DOS v. Detoro, Consent Order - engaging in unlicensed activity as apartment information vendor; ordered to cease and desist

CRC #97-2765 Matter of DOS v. Livingston, Consent Order - engaging in unlicensed activity as an apartment information vendor; ordered to cease and desist; broker to immediately comply with RPL §441-b(2) prohibiting salesperson from serving as an officer of corporate broker and with 19 NYCRR §175.22 prohibiting a salesperson from owning voting shares of stock

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

CRC #97-2537, 97-2577, 97-2761 Matter of DOS v. Feinsmith, Consent Order - unlicensed engagement in the business of apartment information vendor; ordered to cease and desist

CRC #98-2970, 98-3052, 98-3393, 98-3495 Matter of DOS v. Decrescito, Consent Order - licensees plead nolo contendere to engaging in the business of apartment information vendor; ordered to cease and desist; restitution of $475.00 plus interest

CRC #98-3329, 98-3403 Matter of DOS v. Linde, Consent Order - unlicensed engagement in the business of apartment information vendor; ordered to cease and desist

121 DOS 99 Matter of DOS v. Swaap - failure to appear at hearing; prior misconduct; material misstatement on application; availing of license; apartment information vendor; licensee’s conviction of a felony (grand larceny in the second degree) is a bar to licensure in the absence of an executive pardon, Certificate of Relief from Disabilities or a Certificate of Good Conduct; licensee fails to establish requisite pardon or certificate of relief from disabilities or good conduct; unlicensed operation of Internet business offering to supply listings of apartments available for rent for a fee constitutes unauthorized apartment information vending; broker avails license to salesperson by leaving salesperson in charge of brokerage business with authority to sign bank account while broker is in prison; broker’s license revoked

CRC #99-0313 Matter of DOS v. Ionescu, Consent Order - unlicensed engagement in the business of apartment information vendor; ordered to cease and desist

140 DOS 99 Matter of DOS v. Nrekic - apartment information vendor; bad check; DOS fails its burden of proof; engaging in unlicensed activity as apartment information vendor; although broker’s check was returned for insufficient funds when presented, fraud requires evidence to establish that the broker did not have an account with or had insufficient funds at the time check was uttered; DOS fails to establish insufficient funds at time of check uttered and fails to establish broker employed an unlicensed salesperson, demanded and retained unearned commissions, and failed to indicate in advertisement he was a real estate broker; $1,000.00 fine

90 DOS 00 Matter of DOS v. Ezlist, Inc. - apartment information vendors; vicarious liability; Real Property Law Article 12-C applies to the supplying of information concerning the location and availability of real property, including apartment housing, regardless of the medium; Article 12-C applies to the Internet; licensed real estate broker is not exempted from the requirements of Article 12-C; unlawful engagement in the business of apartment information vendor through brokers website via the Internet; licensed corporate broker is vicariously liable; licenses of corporate broker and representative broker suspended until such time as brokers prove that they are not engaged in the unlicensed business of an apartment information vendor

344 DOS 00 Matter of DOS v. Feinsmith - apartment information vendor; engaging in the business of apartment information vendor without first obtaining a license therefore; statute includes business conducted on the internet; DOS has jurisdiction where broker operates apartment information vendor business from New York office with New York employees and bank account even though server is in another state; no exemption for licensed real estate brokers; failure to comply with prior consent order; unlicensed activity not mitigated by the fact that the Secretary of State opined that the law should be amended; $1,000.00 fine, broker’s license suspended until fine paid and until such time as broker presents proof that he is no longer engaged in the business of apartment information vendor

CRC #00-3191 Matter of DOS v. Corion, Consent Order - apartment information vendors; engaging in the business of apartment information vendor in violation of consent judgment and order of New York County Supreme Court; collecting and demanding illegal fees; engaging in “bait and switch” advertising relating to apartments; apartment information vendor required to pay restitution to all consumers filing complaints with DOS or the Attorney General, not to exceed $5,000.00 certificate of deposit; real estate broker’s license suspended in the event of failure to make restitution; certificate of deposit not to be withdrawn upon without the certification of the Secretary of State

1 DOS APP. 01 Wang v. DOS - administrative appeals; apartment information vendors; the office of administrative hearings has no jurisdiction to determine the constitutionality of the apartment information vendor statute; DOS may suspend a broker’s license for activities unrelated to the real estate license itself; violation of regulatory requirement unrelated to broker’s license as grounds for disciplinary action on broker’s license; licensee’s repeated failure to comply with the requirements of the apartment information vendor statute; license suspension upheld

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