New York S 71: Requires residential real property managers to be licensed by secretary of state

Bill Text

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S00071 Summary:

BILL NOS00071 

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SAME ASNo Same As

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SPONSORKAVANAGH

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COSPNSR

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MLTSPNSR

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Add Art 12-D §448, RP L

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Requires residential real property managers or any firm employing a property manager, contracting with a property manager or contracting to provide a property manager to file a registration statement with the secretary of state and to be certified from an approved certifying organization.

Go to top S00071 Actions:

BILL NOS00071 

&nbsp

01/08/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

Go to topS00071 Committee&nbspVotes:

Go to topS00071 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00071 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 71

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary

 AN ACT to amend the real property law, in relation to providing certif-
 ication and registration requirements for property managers of cooper-
 atives and condominiums

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The real property law is amended by adding a new article
 2 12-D to read as follows:
 3 ARTICLE 12-D
 4 RESIDENTIAL REALTY MANAGEMENT
 5 Section 448. Residential realty management.
 6 § 448. Residential realty management. 1. As used in this article,
 7 unless the context otherwise requires:
 8 (a) "Certification" shall mean a designation by the secretary of state
 9 that an individual has met the predetermined qualifications which are
 10 deemed to constitute a level of proficiency adequate to perform the
 11 day-to-day management and operation of real property used for residen-
 12 tial purposes and owned as a cooperative or condominium.
 13 (b) "Property manager" shall mean any person who, in return for remun-
 14 eration or compensation of any kind, performs residential realty manage-
 15 ment for real property owned as a condominium or cooperative. Property
 16 manager shall not mean or include:
 17 (1) a shareholder or owner of the cooperative or condominium acting as
 18 a property manager without remuneration or compensation of any kind; or
 19 (2) any developer or sponsor of a cooperative or condominium during
 20 the period that the developer or sponsor retains control of the cooper-
 21 ative or condominium; provided that the developer or sponsor has in its
 22 employ or has retained a property manager certified under this article.
 23 (c) "Residential realty management" shall mean either:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00299-01-5

 S. 71 2

 1 (1) the performance of principal managerial responsibilities for a
 2 cooperative or condominium; and the authority for policy or financial
 3 decision making for any one of the following services: maintenance,
 4 security, energy conservation, code compliance, labor relations, fiscal
 5 budgetary responsibilities, tenant relations, governmental relations,
 6 janitorial services or any other provided service; or
 7 (2) the responsibility for the collection and expenditure of monies
 8 for and on behalf of such cooperative or condominium, its owners and/or
 9 managing board, under whatever name known.
 10 2. No person shall perform residential realty management unless such
 11 person shall have filed a property manager registration statement with
 12 the secretary of state as required by this section and has been issued
 13 by the secretary of state a certificate demonstrating that such regis-
 14 trant has satisfied all the requirements for certification as a property
 15 manager as set forth by this article.
 16 No cooperative or condominium board shall employ any person for the
 17 purpose of performing residential realty management unless such person
 18 has been certified by the office of the secretary of state. Nor shall
 19 the cooperative or condominium board employ any firm, partnership,
 20 corporation or other entity unless its property managers are certified
 21 by the office of the secretary of state.
 22 3. The secretary of s