“Live, work, and play” zoning is a holistic approach that integrates residential, commercial, and recreational spaces within close proximity, fostering more sustainable and vibrant communities.
The event is open to thousands of middle and high school students from across New York City, Long Island and the lower Hudson Valley and will bring together some 60 organizations.
The New York State Department of State has established clear guidelines for real estate brokers regarding the content that must be publicly available on their brokerage websites.
The New York State Department of State has established clear guidelines for real estate brokers regarding the content that must be publicly available on their brokerage websites.
As a real estate licensee in New York State, compliance with the Department of State’s Rules and Regulations is not just a legal requirement—it is the cornerstone of ethical and professional practice. These regulations are designed to protect consumers, ensure fair business practices, and promote accessibility and equity in housing.
Among some of the critical obligations for real estate licensees is the requirement to maintain a compliant brokerage website, including specific notices and links, as well as adhering to strict prohibitions on the use of corporate titles. A failure to adhere to these requirements leaves licensed brokers and their affiliated licensees open to significant fines and a potential revocation or suspension of their real estate license.
The New York State Department of State has established clear guidelines for real estate brokers regarding the content that must be publicly available on their brokerage websites. These requirements are rooted in the need for transparency, consumer protection, and adherence to federal and state laws. Key notices and links are found below that must be included on the brokerage’s website, ensuring they are accessible and up to date.
Standards Operating Procedures Notice
Under New York Real Property Law Section 442-h [see https://bit.ly/4215FMn], real estate brokers are required to institute standardized operating procedures (SOPs) that outline the prerequisites prospective homebuyers must meet before receiving services. This requirement, effective since April 20, 2022 [see https://on.ny.gov/3DqQQcP], as explained by the DOS, aims to create consistency and fairness in how brokers engage with clients. The SOPs must address, at a minimum:
Whether prospective clients must show identification.
Whether an exclusive broker agreement is required.
Whether pre-approval for a mortgage loan is required.
These procedures must be prominently displayed on the brokerage website and any mobile device applications. Additionally, if there are associated agents or teams operating under your brokerage, their individual websites or applications must either post the SOPs directly or provide a direct link to the procedures on the brokerage firm’s main website.
It’s not enough to simply draft these procedures—they must be actively maintained and updated. Any changes to the SOPs must be date-stamped, notarized, and posted online within thirty (30) days. Brokers are also required to keep an archive of all versions of their SOPs for as long as they are actively licensed. Failure to adhere to these requirements can result in disciplinary action from the DOS, underscoring the importance of diligence in maintaining compliance.
Tenant’s Rights to Reasonable Accommodations for Persons with Disabilities Notice
Under the New York State Human Rights Law, tenants and prospective tenants with disabilities are entitled to reasonable accommodations to ensure equal access to and use of housing. Real estate licensees play a pivotal role in ensuring that these rights are upheld, and part of this responsibility includes making the Tenant’s Rights to Reasonable Accommodations for Persons with Disabilities Notice (Reasonable Accommodations Notice) prominently available on the brokerage’s website [see 9 New York Code of Rules and Regulations (NYCRR) §466].
The Reasonable Accommodations Notice informs tenants of their right to request accommodations—such as modifications to policies (e.g., allowing service animals in no-pet buildings) or physical changes to the property (e.g., installing ramps or grab bars)—that enable them to fully enjoy their housing. The notice should also clarify that housing providers are obligated to engage in a good-faith dialogue to determine appropriate accommodations, provided they do not impose undue hardship.
Including this notice on the brokerage’s website not only fulfills a legal requirement but also signals the brokerage firm’s commitment to fair housing practices. Again, brokerage firms must ensure that this notice is easy to find and consider providing a downloadable PDF version for accessibility.
The Fair Housing Notice
The NYS Housing and Anti-Discrimination Notice, also known as the Fair Housing notice [see nys-housing-and-anti-discrimination-notice_02.2025.pdf], is another mandatory element that must be prominently displayed on the brokerage’s website. This notice underscores the obligation to comply with both the federal Fair Housing Act and the New York State Human Rights Law, which prohibit discrimination in housing based on protected characteristics, including race, color, religion, sex, national origin, disability, familial status, age, marital status, sexual orientation, gender identity, military status and lawful source of income.
In order to comply, brokerages must ensure the notice is clearly labeled, easy to locate, and includes contact information for the New York State Division of Human Rights and the U.S. Department of Housing and Urban Development for filing complaints. This not only meets regulatory requirements but also serves as an educational tool for clients, helping them understand their rights, and the broker’s and agent’s obligations as licensees.
Maintaining a compliant brokerage website requires more than just posting the required notices—it demands ongoing vigilance and strategic design. Here are some practical tips to ensure the website meets DOS standards:
Visibility and Accessibility: Ensure all required notices and links are prominently displayed at the top of the broker’s website’s homepage (i.e., “above the fold”) or in a dedicated “Compliance” or “Consumer Resources” section with prominent links at the top of the homepage. It is important to utilize clear, conspicuous, and user-friendly language to make the information accessible to all visitors, including those with disabilities.
Regular Updates: Review your website regularly to ensure all notices and links are current, especially if laws or regulations change. For example, updates to fair housing protections or ADA requirements may necessitate revisions to the notices.
Mobile Optimization: With the increasing use of mobile devices, ensure the website and all required notices are fully functional and readable on all mobile platforms utilized by brokers, associate brokers, and licensees affiliated with a particular brokerage firm. This is particularly important for SOPs, which must be accessible on mobile applications.
Documentation: Keep detailed records of all website updates, including date-stamped and notarized versions of the SOPs, to demonstrate compliance in case of a DOS audit or investigation.
In addition to website requirements, New York State real estate licensees must adhere to strict prohibitions on the use of corporate titles. Under the DOS Rules and Regulations, real estate brokers and salespersons are barred from using corporate titles such as “president,” “vice president,” “executive vice president,” “secretary,” “treasurer,” among others, in connection with their real estate activities, unless they are duly authorized officers of a licensed real estate corporation. This prohibition is designed to prevent confusion among consumers and ensure that titles accurately reflect a licensee’s role and authority. The only titles that a licensee is permitted to utilize are the following: (1) real estate broker, (2) associate real estate broker, or (3) real estate salesperson, as applicable.
This requirement underscores the importance of transparency in real estate dealings. Misrepresenting the role or authority can erode consumer trust and expose licensees to disciplinary action from the DOS, including fines, license suspension, and/or revocation. To ensure compliance, review all marketing materials, website content, and professional communications to confirm that no prohibited titles are used. It is important to consult with legal counsel or the DOS to clarify obligations with respect to the use of titles other than those permitted by the DOS.
Under Article 12-A of the Real Property Law, specifically Section 441-c, the DOS can impose fines, revoke, suspend, or reprimand a real estate broker or salesperson for violations, including untrustworthy conduct or breaches of advertising and disclosure regulations. The NYS DOS has wide discretion in determining penalties, but the law does not specify exact fine amounts for each type of violation, such as website notice requirements or misuse of titles.
While exact fine ranges for these specific violations are not publicly codified in a single source, disciplinary actions by the DOS typically result in fines that can range from $500 to $2,000 for each violation, depending on the circumstances. More severe or repeated violations may lead to higher fines, license suspension and/or revocation.
Compliance with the New York State Department of State’s Rules and Regulations is a non-negotiable aspect of being a real estate licensee. By ensuring the brokerage website includes the required notices, one not only meets legal obligations but also demonstrates a commitment to ethical practice and consumer protection. Similarly, adhering to the prohibition on corporate titles reinforces transparency and trust in the firm’s professional dealings.
Legal Column author John Dolgetta, Esq. is the principal of the law firm of Dolgetta Law, PLLC. For information about Dolgetta Law, PLLC and John Dolgetta, Esq., please visit http://www.dolgettalaw.com. The foregoing article is for informational purposes only and does not confer an attorney-client relationship and shall not be considered legal advice. The views and opinions expressed in this article are solely those of the author and do not necessarily reflect the views or positions of HGAR, its affiliates, or any other entity.
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