Title 19 Part 1107

No offering of a course of study in the Real Estate Appraisal field for the purpose of compliance with the continuing education requirements of section 160-t(2) of the Executive Law shall be acceptable for credit unless such course of study shall have been approved by the Department under the provisions of this Part. For purposes of this Part, unless otherwise noted, a course of study means a particular course or educational offering or a program inclusive of several such courses or offerings.

Individual continuing education requirements

hour (plus 1 hour exam) course as part of their qualifying education, they have met this requirement. Every two calendar years thereafter, the course length must be at least four (4) hours.

An individual who provides evidence of developing an appraisal related course of study that has been accepted by a school or organization may receive continuing education credit equivalent to the number of hours of such course, not to exceed 14 hours. If more than one individual participated in such development, the continuing education credit may be prorated accordingly.

Authorship of a published book related to real estate appraising, a published monograph, a master's thesis or doctoral dissertation, a published article, book review or instructional material is eligible for continuing education credit in the year of publication. If more than one individual authored the document, the continuing education credit may be prorated accordingly. The maximum number of hours that may be credited per continuing education cycle are:

Holders of more than one appraiser classification

Any person holding a license and a certification or both a residential and general classification shall be deemed to satisfy the continuing educational requirement of each classification by completing 28 hours of approved courses of study every two years, including the 7-Hour National USPAP Continuing Education Course , or its equivalent, as required by section 1107.2 of this Part.

Any course approved under this section cannot be taken more than once during the same continuing education period.

An individual who successfully completes a qualifying appraiser course during any license term in anticipation of changing its appraiser classification may receive continuing education credit for such a course.

Ethics and standards of professional practice for continuing education

Basic course of study requirements

Approval may be granted for courses of study which cover real estate appraisal related topics such as the following: (a) ad valorem taxation; (b) arbitration, dispute resolution; (c) courses related to the practice of real estate appraisal or consulting; (d) development cost estimating; (e) ethics and standards of professional practice, USPAP; (f) land use planning, zoning; (g) management, leasing, time sharing; (h)property development, partial interests; (i) real estate (financing and investment); (j) real estate law, easements, and legal interests; (k) real estate litigation, damages, condemnation; (l) real estate appraisal related computer applications; (m) real estate securities and syndication; (n) developing opinions of real property value in appraisals that also include personal property and/or business value;

Sponsors of courses of study that are conducted for periods between two hours and 7½ hours may file applications for approval within 30 days of the completion of the program. The sponsor conducting the program may not guarantee to licensees/or certificate holders that approval will be granted. Advertisements of such courses of study must indicate that such approval is not guaranteed.

Any sponsor seeking approval must present a course of study containing a minimum of two and a maximum of 28 contact hours of instruction.

Each course shall be conducted in such premises and in such facilities as shall be necessary to properly present the course. The sponsor must attest that there is a certificate of occupancy, as well as fire and health permits, for the specific facility to be used and, in addition, must attest that the facility is in full compliance with the Federal Americans with Disabilities Act.

There shall be no change or alteration in any approved course of study of any subject without prior written notice to and approval by the department.

To meet the minimum statutory requirement, attendance shall be computed on the basis of an hour equaling 50 minutes. For every 50 minutes of instruction there shall be an additional 10 minute break. The time of the breaks shall be left to the discretion of the individual education coordinator. Breaks shall not be considered optional.

An educational institution or other organization, which requests approval for courses from the Department of State, must have a policy relating to course cancellation and tuition refunds. A copy of that policy must be provided, in writing, to prospective students prior to the acceptance of any fees.

Evidence of successful completion of a course must be furnished to students in the form of a certificate. The certificate must be signed by the education coordinator or designee and must indicate the following: the name of the school or organization providing the course; the name of the student; the name of the course that has been completed; the assigned course code number; and the date the student completed the course.

In order to obtain a certificate of completion for continuing education appraisers must attend 100 percent of the required instruction time.

Any course approved pursuant to this Part shall be open to all members of the public regardless of the membership of the prospective student in any real estate board, or professional society or association.

An educational institution or other organization offering approved courses may not make or publish a false or misleading statement regarding employment opportunities which may be available as the result of the successful completion of a course of study, or upon acquisition of a license.

All persons and organizations conducting approved programs or courses of study shall retain the records of all students for a period of two years after the completion thereof, and such papers shall be available for inspection by duly authorized representatives of the department at all tines during such period.

Faculty members and employees of educational institutions or other organizations are prohibited from any recruitment activities which may result in the offering of employment to students.

A duly authorized representative of the department may audit any course offered, and may verify attendance and inspect the records of attendance of the course, at any time during its presentation or thereafter, without prior notice to the sponsor.

In order for an individual to be eligible to teach an approved continuing education course of study in subject matters relating to the license classification:

In order for an individual to be eligible to teach an approved continuing education course of study in subject matters relating to the residential certification classification:

In order for an individual to be eligible to teach an approved continuing education course of study in subject matters relating to the general certification classification:

Each registration period for approved programs or courses shall be for 12 months or part thereof. Each registration period for renewal of programs or courses shall be for 12 months or part thereof. The period shall run from each January 1st to the subsequent December 31st.

Distance learning is defined as any educational process based on the geographical separation of instructor and student. Educational providers who wish to offer distance learning programs must have their programs evaluated and approved in accordance with sections 1107.30, 1107.31 and 1107.32.

Applications for approval to conduct distance learning courses of study shall be made on an application prescribed by the department 60 days before the proposed course is to be conducted.

Mandatory Continuing Education in Valuation Bias and Fair Housing Laws and Regulations

(c)The difference between the seven (7) hour course and the eight (8) hour course is the eight (8) hour course includes a required one-hour exam. Therefore, the eight (8) hour course is the same identical content as the seven (7) hour course, with one extra hour added to allow for an exam to be administered.

Continuing Education in Valuation Bias and Fair Housing Laws and Regulations Course Outline

The following are the required subjects to be included in the Valuation Bias and Fair Housing Laws

and Regulations courses. The course must contain information to ensure the appraiser understands

valuation bias and fair housing laws and regulations related issues. The same outline is required for the

seven (7) hour course, the eight-hour course (which is the seven-hour course plus a one-hour exam)

and the four (4) hour course. However, the four-hour course will have less content on the topics of

“Understanding Real Estate Bias” and “Federal Fair Housing Laws and Regulations” and more content

on “Valuation Bias” and “Case Studies.”

Education developers must include the topics contained in the following outline when creating course

content:

A. Understanding Real Estate Bias

1. Historical Context

a. Role of the following: real estate agents, insurance, appraisers, lenders, Government

Sponsored Enterprises, federal, state and local agencies, and legislation

b. Redlining

c. Restrictive Covenants

d. Court Rulings

2. Contemporary Context

a. Economic Impact of Property Value Disparities for Protected Classes

b. Public Conversation Regarding Valuation Bias

c. Recent Cases and Developments

B. Federal Fair Housing and Antidiscrimination Laws and Regulations

1. Laws and Regulations

a. Civil Rights Act of 1866 (Section 1981 and Section 1982)

b. Fair Housing Act

c. Equal Credit Opportunity Act (ECOA)

d. Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA)

e. Unfair and Deceptive Acts and Practices (UDAP)

f. Unfair, Deceptive or Abusive Acts and Practices (UDAAP)

2. Key Legal Concepts

a. Disparate Treatment

b. Disparate Impact

C. Valuation Bias

1. Components of Valuation Bias

a. Explicit

b. Implicit

c. Structural

2. Recognizing and Avoiding Valuation Bias

D. Case Studies

1. Current Valuation Bias Topics

Best Practices for Avoiding Valuation Bias