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Practice & Fair Housing

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CHEAT SHEET: Practice & Fair Housing (NY RE Salesperson Exam)

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FAIR HOUSING PROTECTED CLASSES

Federal Fair Housing Act (7 Protected Classes)

  • Race
  • Color
  • Religion
  • National origin
  • Sex (includes sexual orientation & gender identity)
  • Familial status
  • Disability

NY Human Rights Law Additions

  • Creed
  • Age (18+)
  • Sexual orientation
  • Gender identity
  • Marital status
  • Military status
  • Citizenship/immigration status (added Dec 2022)

NYC Additional Protections

  • Source of income
  • Partnership status
  • Criminal history (Fair Chance Housing Act, eff. Jan 1, 2025 — cannot consider except registered sex offenders)
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PROHIBITED CONDUCT & VIOLATIONS

|---|---|---| Key Rule: Treat all clients equally regardless of protected class status. ---

MANDATORY BUYER AGENCY AGREEMENT

Effective: August 17, 2024 |---|---| ---

FARE ACT (FAIR RENT REQUIREMENT) — NYC

Effective: June 11, 2025
  • Landlord's broker fee must be paid by landlord, NOT tenant
  • Tenants no longer pay for landlord's broker
  • Violation fine: $2,000 per violation
  • Enforcer: NYC Department of Consumer and Worker Protection (DCWP)
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AGENCY DISCLOSURE & FIDUCIARY DUTIES

DOS Agency Disclosure Form

  • What it is: Receipt ONLY — proves disclosure given
  • NOT: Consent form, representation agreement
  • When: Provide before/at first showing
  • Signature: Required (shows receipt)

OLD CAR Fiduciary Duties

  • Obedience — Follow lawful client instructions
  • Loyalty — Act in client's best interest
  • Disclosure — Reveal material facts
  • Confidentiality — Survives termination; protect secrets even after firing
  • Accounting — Accurate accounting of funds/commissions
  • Reasonable care — Standard professional diligence

Dual Agency

  • Requires: Written consent from BOTH parties
  • Advisory capacity: Limited (cannot advise buyer on max price or seller on min acceptable price)
  • Compensation: Must be disclosed
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LISTING AGREEMENT TYPES

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TRUST ACCOUNT RULES (Broker Escrow)

Core Rules:
  • Earnest money held in broker escrow account (client fund, not broker's)
  • NO commingling (mixing client funds with broker operating account)
  • NO conversion (using client funds for broker's expenses)
  • Must maintain detailed records
  • Interest = per contract or broker policy
  • Violation = serious disciplinary action & potential license suspension
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ADVERTISING & BLIND ADS

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RENT STABILIZATION (NYC)

  • Scope: NYC-regulated units (Rent Guidelines Board controls increases)
  • Disclosure: Seller/landlord MUST disclose if building is subject to RSL
  • Tenant rights: Renewal lease at approved percentage increase
  • Violation: Material misrepresentation if not disclosed
  • Rent control: Pre-1947 buildings; very limited; rare
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PROPERTY CONDITION DISCLOSURE

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MARTIN ACT (Offering Plans)

  • Scope: New condo/co-op offerings
  • Filing: Attorney General (AG)
  • Buyer right: Rescission (cancel within specified period)
  • Broker role: Cannot sell without approved offering plan; must provide plan to buyer
  • Violation: AG enforcement; penalties
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ANTITRUST & COMMISSION

BehaviorDefinitionViolation Type
SteeringDirecting buyer/tenant toward/away from neighborhood based on protected classPer se violation
BlockbustingCreating panic selling by suggesting protected class moving inPer se violation
RedliningRefusing service/financing based on geographic/demographic factorsPer se violation
Discriminatory advertisingAds showing preference for/against protected classViolation
Differential termsDifferent prices, rates, conditions based on protected classViolation
RequirementDetail
WhenBEFORE showing any property
FormatMust be in writing
Must stateCompensation terms (% commission, flat fee, or hourly)
SignatureBuyer consent required
Net listingILLEGAL in NY
TypeBroker EntitlementLegal in NY?
Exclusive right to sellCommission even if seller sells (broker procures or not)✅
Exclusive agencyCommission only if broker procures sale✅
Open listingCommission only if broker procures; seller can list with others✅
Net listingBroker keeps all above set price❌ ILLEGAL
RequirementRule
Broker nameMust appear in all ads
Blind adsPROHIBITED (must show firm/agent name)
Online adsCount as advertising; same rules apply
False claimsViolates Martin Act (AG enforcement)
ElementRule
PCDS required1–4 family residential only (sellers)
TimingBefore buyer makes offer
OR credit$500 at closing in lieu of completing form
Agent dutyIndependent disclosure obligation (cannot rely on seller's form alone)
$500 creditDoes NOT protect against fraud
Stigmatized propertyDeath/AIDS/paranormal: no duty to disclose, but cannot lie if asked
Lead paintFederal requirement; pre-1978 only; 10-day inspection period
Certificate of OccupancyRequired at closing; lack = material defect (illegal conversion disclosure)
ProhibitedAllowed
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Aligned to the New York DOS salesperson exam outline.

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