New York Codes, Rules and Regulations (NYCRR)

Title 19 Part 178

Department of State

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7 sections

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Source version current through Apr 15, 2022

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19 NYCRR 178.1 - Definition of nonsolicitation order

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Apr 15, 2022

A nonsolicitation order is a directive to all real estate brokers and real estate salespersons. The nonsolicitation order directs that all brokers and salespersons must refrain from soliciting listings for the sale of residential property within a designated geographic area. A nonsolicitation order prohibits any and all types of solicitation directed at or toward homeowners in the designated geographic area. The types of solicitation that are prohibited include but are not limited to letters, postcards, telephone calls, door-to-door calls, handbills, and postings in public areas. In addition, a nonsolicitation order may contain such other terms or conditions as the Secretary of State may determine are, on balance, in the best interest of the public, which shall include but not be limited to the affected owners and licensees.

19 NYCRR 178.2 - Earlier source heading: [Repealed]

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19 NYCRR 178.3 - Residential property

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Apr 15, 2022

For the purposes of this Part, the term residence or residential property shall include any of the following:

(a)a one-family residence;
(b)a two-family residence;
(c)a three-family residence;
(d)a residential cooperative apartment; and
(e)a residential condominium unit.

19 NYCRR 178.4 - Boundary streets

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Apr 15, 2022

For the purposes of this Part, a nonsolicitation area shall include all properties abutting the boundary streets named in the description of the nonsolicitation area. The intent being that the nonsolicitation area shall include properties on both sides of the boundary streets.

19 NYCRR 178.5 - Prohibited forms of solicitation

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Apr 15, 2022
(a)Within a nonsolicitation area, no real estate broker or real estate salesperson shall engage in any form of solicitation where the purpose of such solicitation is, directly or indirectly, to obtain a listing of residential property for sale and where such solicitation is directed at or toward a homeowner or occupant of residential property within a designated nonsolicitation area.
(b)The following are examples of the types of solicitation that are prohibited:
(1)letters;
(2)postcards;
(3)handbills or leaflets or fliers;
(4)direct advertising delivered by mail or other service;
(5)telephone calls;
(6)door-to-door calls; and
(7)postings in public places.
(c)The following is not prohibited by a nonsolicitation order. Advertisements that are published in newspapers of general circulation:
(1)if such newspaper has a general readership throughout the metropolitan New York City area or throughout a substantial portion of the metropolitan New York City area;
(2)if such newspaper is published not less than once per week; and
(3)if such newspaper is sold by subscription or by individual copy and is not distributed free of charge.

19 NYCRR 178.6 - Earlier source heading: 178.6 to 178.8 [Repealed]

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Apr 15, 2022

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19 NYCRR 178.9 - Earlier source heading: [Repealed]

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

Current section text is not available here.

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