New York Codes, Rules and Regulations (NYCRR)

Title 19 Part 176

Department of State

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26 sections

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Source versions current through Apr 15, 2022 - Nov 30, 2022 across sections

Sections in this Part carry different compiled dates; each section shows its own.

19 NYCRR 176.1 - Approved entities

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Department of State
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Source version current through
Apr 15, 2022

Real estate courses and offerings may be given by any college or university accredited by the Commissioner of Education of the State of New York or by a regional accrediting agency accepted by said Commissioner of Education; public and private vocational schools; real estate boards; and real estate-related professional societies and organizations. No real estate course of study seeking approval may be affiliated with or controlled by any real estate broker, licensed salesperson, licensed or certified real estate appraiser, firm, or company or franchise, or controlled by a subsidiary of any real estate broker, real estate appraiser or franchise.

19 NYCRR 176.2 - Request for approval of courses of study

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Source version current through
Apr 15, 2022

Applications for approval to conduct courses of study to satisfy the requirements for licensed real estate salesperson and broker shall be made 60 days before the proposed course is to be conducted. The application shall be prescribed by the department to include the following:

(a)name and business address of the proposed school which will present the course;
(b)if applicant is a partnership, the names and home addresses of all the partners of the entity;
(c)if applicant is a corporation, the names and home addresses of persons who own five percent or more of the stock of the entity;
(d)the name, home and business address and telephone number of the education coordinator that will be responsible for administering the regulations contained in this Part;
(e)locations where classes will be conducted;
(f)title of each course to be conducted;
(g)final examination to be presented for each course, including the answer key;
(h)all times included on each test form must be consistent with content specifications indicated for each course. Weighing of significant content areas should fall within the weight ranges indicated. All reference sources used to support each correct answer must be included. Linkage to each answer must be indicated with a footnote showing page number, subject matter, etc.;
(i)description of materials that will be distributed;
(j)the books that will be used for the outline and the final exams; and
(k)detailed outline for local concerns when applying for broker course approval.

19 NYCRR 176.3 - Earlier source heading: Subjects for study-real estate salespersons

Related State Register notice: Adopted rule DOS-29-22-00004-A. Published Dec 7, 2022. Notice effective date: Dec 21, 2022.

Source version current through Nov 30, 2022

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Dates and status
NYCRR title agency
Department of State
Section status
Section source receipt
Source version current through
Nov 30, 2022
Related Register notice
DOS-29-22-00004-A · Adopted rule
Related notice published
Dec 7, 2022
Related notice effective date
Dec 21, 2022

Current section text is not available here.

19 NYCRR 176.4 - Subjects for study-real estate broker

Related State Register notice: Adopted rule DOS-29-22-00004-A. Published Dec 7, 2022. Notice effective date: Dec 21, 2022.

Source version current through Apr 15, 2022

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Dates and status
NYCRR title agency
Department of State
Section status
Section source receipt
Source version current through
Apr 15, 2022
Related Register notice
DOS-29-22-00004-A · Adopted rule
Related notice published
Dec 7, 2022
Related notice effective date
Dec 21, 2022

Current section text is not available here.

19 NYCRR 176.5 - Computation of instruction time

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Apr 15, 2022

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, nor are they to be used to release the class earlier than scheduled.

19 NYCRR 176.6 - Attendance and examinations

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Department of State
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Source version current through
Apr 15, 2022
(a)No licensed person shall receive credit for any course or course module presented in a class room setting if he or she is absent from the class room during any instructional period, for a period or periods totaling more than 10 percent of the time prescribed for the course or course module pursuant to sections 176.3 and 176.4 of this Title, and no licensed person shall be absent from the class room except for a reasonable and unavoidable cause.
(b)Students who fail to attend the required scheduled class hours may, at the discretion of the approved entity, make up the missed subject matter during subsequent classes presented by the approved entity.
(c)Final examinations may not be taken by any student who has not satisfied the attendance requirement.
(d)A make up examination may be presented to students at the discretion of the approved entity. Make up examinations must be submitted for approval to the department in accordance with guidelines noted in section 176.2(g) and (h) of this Part.

19 NYCRR 176.7 - Earlier source heading: [Repealed]

Source version current through Apr 15, 2022

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Apr 15, 2022

Current section text is not available here.

19 NYCRR 176.8 - Facilities

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Source version current through
Apr 15, 2022

Each course shall be presented in such premises and in such facilities as shall be necessary to properly present the course. No course shall be presented in any real estate broker's office or the office of any association of real estate brokers except as otherwise may be permitted under this Part.

19 NYCRR 176.9 - Examination requirement and record retention

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Department of State
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Source version current through
Apr 15, 2022
(a)All organizations conducting approved courses of study shall retain the attendance records, the final examinations and a list of students who successfully complete each course for a period of three years after completion of each course. All documents shall at all times during such period be available for inspection by duly authorized representatives of the Department of State.
(b)All examinations required for course work shall be written and given within a reasonable time after the course work has been conducted. The failure of the final exam shall constitute failure of the course.

19 NYCRR 176.10 - Change in approved course of study

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Department of State
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Source version current through
Apr 15, 2022

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

19 NYCRR 176.11 - Faculty

Source version current through Nov 30, 2022

Later State Register activity may affect this section.

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Department of State
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Source version current through
Nov 30, 2022
(a)Each instructor, as certified by the Department of State, for an approved real estate course of study, shall submit a resume to the department and meet the following criteria, and shall achieve at least 100 points based on the following scale which includes real estate brokerage/ specialty experience, instructional experience and academic achievement.
(b)In order to receive approval as an instructor, an individual must achieve 100 points in the system employed below:
1.Section One

A maximum of 50 points can be claimed in this section.

(a)Licensed as a real estate broker or salesperson Each year of experience =10 points

or

(b)Work experience in a specialized field directly related to real estate Each year of experience = 10 points

or

(c)Attorney, admitted to New York State Bar Each year of experience = 10 points
2.Section Two

A maximum of 50 points can be claimed in this section. Experience as an instructor = 10 points for each year

3.Section Three

A maximum of 30 points can be claimed in this section.

Formal academic achievement in a specialized subject matter directly related to real estate (five points for each 30 hour course successfully completed)

4.Section Four

Fifty points can be claimed in this section. Formal training in the techniques of organizing and presenting instructional material

5.Section Five

Only one selection may be made in this section.

The holder of one of the following:

AAS Degree20 points
B.A. or B.S. Degree30 points
M.A. or L.L.D. or JD Degree40 points
B.A., B.S. or M.A. with a Major in Real Estate50 points
Total
(c)An approved entity, which engages presenters to conduct classes identified as technical subjects, are exempt from the provisions of this section except that an approved entity must make application to the Department of State accompanied by a resume indicating at least three years of experience in the specified technical area.
(d)All points claimed are subject to verification within two years of application.
(e)Any applicant who fails to provide evidence of claimed points may be subjected to disciplinary action.

19 NYCRR 176.12 - Earlier source heading: [Repealed]

Source version current through Apr 15, 2022

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Department of State
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Source version current through
Apr 15, 2022

Current section text is not available here.

19 NYCRR 176.13 - Earlier source heading: [Repealed]

Source version current through Apr 15, 2022

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Department of State
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Source version current through
Apr 15, 2022

Current section text is not available here.

19 NYCRR 176.14 - Auditing

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Department of State
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Source version current through
Apr 15, 2022

A duly authorized designee 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.

19 NYCRR 176.15 - College degree major in real estate

Related State Register notice: Adopted rule DOS-29-22-00004-A. Published Dec 7, 2022. Notice effective date: Dec 21, 2022.

Source version current through Apr 15, 2022

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Dates and status
NYCRR title agency
Department of State
Section status
Section source receipt
Source version current through
Apr 15, 2022
Related Register notice
DOS-29-22-00004-A · Adopted rule
Related notice published
Dec 7, 2022
Related notice effective date
Dec 21, 2022

Current section text is not available here.

19 NYCRR 176.16 - Suspensions and denials of course approval

Related State Register notice: Adopted rule DOS-29-22-00004-A. Published Dec 7, 2022. Notice effective date: Dec 21, 2022.

Source version current through Apr 15, 2022

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Dates and status
NYCRR title agency
Department of State
Section status
Section source receipt
Source version current through
Apr 15, 2022
Related Register notice
DOS-29-22-00004-A · Adopted rule
Related notice published
Dec 7, 2022
Related notice effective date
Dec 21, 2022

Current section text is not available here.

19 NYCRR 176.17 - Open to public

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Department of State
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Source version current through
Apr 15, 2022

All courses 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 real estate related professional society or organization.

19 NYCRR 176.18 - Earlier source heading: [Repealed]

Source version current through Apr 15, 2022

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Department of State
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Source version current through
Apr 15, 2022

Current section text is not available here.

19 NYCRR 176.19 - Earlier source heading: [Repealed]

Source version current through Apr 15, 2022

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Dates and status
NYCRR title agency
Department of State
Section status
Section source receipt
Source version current through
Apr 15, 2022

Current section text is not available here.

19 NYCRR 176.20 - Certificate of completion

Related State Register notice: Adopted rule DOS-24-25-00003-A. Published Feb 4, 2026. Notice effective date: Feb 4, 2026.

Source version current through Apr 15, 2022

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Dates and status
NYCRR title agency
Department of State
Section status
Section source receipt
Source version current through
Apr 15, 2022
Related Register notice
DOS-24-25-00003-A · Adopted rule
Related notice published
Feb 4, 2026
Related notice effective date
Feb 4, 2026

Current section text is not available here.

19 NYCRR 176.21 - Fees

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Department of State
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Source version current through
Apr 15, 2022

Each school or entity shall pay an annual registration fee of $300 for each 12 months or part thereof, and an additional registration fee of $150 for each 12 months or part thereof for each location in excess of one where courses are to be given, said period to run from each September 1 to the subsequent August 31. For each teacher employed to teach the Real Estate Broker's or Real Estate Salesperson's course, each school or entity shall pay a one-time registration fee of $25. Fees shall be payable on submission of the application or applications, and are nonrefundable.

19 NYCRR 176.22 - Distance learning programs

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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NYCRR title agency
Department of State
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Source version current through
Apr 15, 2022

Distance education is defined as any educational process based on the geographical separation of instructor and learner (for example, CD-ROM, disk, on-line learning). Educational providers who wish to offer distance learning programs must have their programs evaluated and approved in accordance with the provisions of this Part, specifically sections 176.23, 176.24 and 176.25 of this Part.

19 NYCRR 176.23 - Distance learning program requirements

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Dates and status
NYCRR title agency
Department of State
Section status
Section source receipt
Source version current through
Apr 15, 2022
(a)The material of a distance learning program must be divided into major units;
(b)the contents of major units must be divided into modules of instruction;
(c)the distance learning program must contain a time-default mechanism for inactivity so that a student is not credited when not actively participating in the program;
(d)the school or other person offering the program must obtain from each student a signed and dated statement that he or she personally completed each module of the learning program;
(e)the school or other person offering the program must retain a record of each student's participation in and completion of the distance-learning program for a period of three years, and such records must be available for review and inspection by the Department of State;
(f)the educational provider must have an instructor approved pursuant to section 176.11 of this Part available to students, during reasonable business hours, to answer questions pertaining to the qualifying course content;
(g)the course must include a proctored final examination which must be held at a location within New York State approved by the department.

19 NYCRR 176.24 - Request for approval of distance learning programs

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Dates and status
NYCRR title agency
Department of State
Section status
Section source receipt
Source version current through
Apr 15, 2022

Applications for approval to conduct distance learning courses of study to satisfy the requirements for licensed real estate salesperson and broker shall be made 60 days before the proposed course is to be conducted. The application shall be prescribed by the department to include the following:

(a)name, business address and telephone number of the proposed school which will present the course;
(b)if applicant is a partnership, the names and home addresses of the partners in the entity; if a corporation, the names and home addresses of any persons who own five percent or more of the stock of the entity;
(c)the name, home and business address and telephone number of the education coordinator that will be responsible for administering the regulations contained in this part;
(d)locations where the final examination will be conducted;
(e)title of each course to be conducted;
(f)final examination to be presented for each course, including the answer key;
(g)all times included on each test form must be consistent with content specifications indicated for each course. Weighing of significant content areas should fall within the weight ranges indicated. All reference sources used to support each correct answer must be included. Linkage to each answer must be indicated with a footnote showing page number, subject matter, etc.;
(h)the books that will be used for the outline and the final exams;
(i)an explanation of the means for monitoring and verifying each student's active participation, on an ongoing basis, during each module of instruction;
(j)a brief description of the hardware and software to be used by the student;
(k)a plan for providing technical support to the student;
(l)a detailed course outline divided into major units; the contents of major units must be divided into modules of instruction;
(m)a detailed outline for local concerns when applying for broker course approval.

19 NYCRR 176.25 - Earlier source heading: Course completion for distance learning courses

Related State Register notice: Adopted rule DOS-24-25-00003-A. Published Feb 4, 2026. Notice effective date: Feb 4, 2026.

Source version current through Apr 15, 2022

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Dates and status
NYCRR title agency
Department of State
Section status
Later rule activity found
Source version current through
Apr 15, 2022
Related Register notice
DOS-24-25-00003-A · Adopted rule
Related notice published
Feb 4, 2026
Related notice effective date
Feb 4, 2026

Current section text is not available here.

19 NYCRR 176.26 - Earlier source heading: Supplemental courses

Related State Register notice: Adopted rule DOS-29-22-00004-A. Published Dec 7, 2022. Notice effective date: Dec 21, 2022.

Source version current through Nov 30, 2022

Top
Dates and status
NYCRR title agency
Department of State
Section status
Section source receipt
Source version current through
Nov 30, 2022
Related Register notice
DOS-29-22-00004-A · Adopted rule
Related notice published
Dec 7, 2022
Related notice effective date
Dec 21, 2022

Current section text is not available here.

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