Q: I am a licensed New York State real estate broker and I have had my license since 1999. Because I am licensed for longer than 15 years, am I exempt from meeting the continuing education requirements for real estate brokers?
A: No, you are not exempt from the continuing education requirements for real estate brokers. Section 441 (3) (a) (the “Section”) provides that in order to renew a real estate broker license, the licensee must attend at least 22 ½ hours of continuing education which shall include at least three hours of instruction pertaining to fair housing and/or discrimination. The Section further states, “The provisions of this paragraph shall not apply to any licensed real estate broker who is engaged full time in the real estate business and who has been licensed under this article prior to July 1, 2008 for at least 15 consecutive years immediately preceding such renewal.” Accordingly, the exemption under the Section only applies to real estate brokers who have been licensed for 15 consecutive years since at least July 1, 1993.
Important Notes: New York State attorneys who have real estate broker licenses are also exempt from the real estate broker continuing education requirements.
The New York State Department of State Division of Licensing Services (“DOS”) has informed us that during random audits of real estate broker and real estate salesperson licensing renewal applications it has been discovered that many licensees have not met their continuing education requirements. Accordingly, the DOS will be significantly increasing its audits of real estate license renewal applications. Please make sure that you meet all of your continuing education requirements prior to submitting your license renewal application.
The Legal Line Question by:
Neil B. Garfinkel
REBNY Broker Counsel
Partner-in-charge of real estate and banking practices at Abrams Garfinkel Margolis Bergson, LLP