Shulman Joins Fight Against Bad Brokers

The efforts of Queens Borough President Claire Shulman imploring State Attorney General Eliot Spitzer to appeal the recent court decision to strike down the Cease and Desist Law on real estate solicitations appeared to have paid off.
Spitzer has appealed the ruling handed down by Judge Thomas Platt of the Eastern District of New York on July 2, which pronounced the 1999 statute restricting unsolicited buying bids from real estate brokers in certain city zones unconstitutional.
In Queens County, all of which, according to Shulman, is a cease and desist zone, Spitzers decision brought a sigh of relief.
"Were very satisfied with the Attorney Generals decision to appeal the ruling," Dan Andrews, Shulmans press secretary, told The Queens Courier. "The [Cease and Desist Law] has worked really well here since being implemented. We didnt have many complaints from homeowners."
The Cease and Desist Law allows homeowners to register their property with the Dept. of State Division of Licensing and place it on a no-soliciting list. The list is updated every three months. The statute then allows local authorities to bring legal action against real estate agents who contact the registered homeowners either personally, by phone, or by mail. The law imposes a fine of $300 for the first offense. Repeat offenders will have their licenses suspended or revoked.
In a letter to Spitzer, Shulman said that Queens designation as a cease and desist zone has protected homeowners from harassment by unscrupulous real estate brokers.
"In the past, these brokers have suggested to owners that zoning, which allows denser development, poses a danger to property values," Shulman said. "They have also exploited the housing shortage by telling prospective sellers that illegally subdivided homes will lower property values. Then they will tell buyers that large homes can be subdivided to earn income."
The borough president also noted that these and other practices disrupt communities and help destroy thriving neighborhoods.
"Since many communities in Queens are comprised of one-, two- and three-family homes, this borough is particularly susceptible to these practices," Shulman said.
In its current form, the law is aimed exclusively at the real estate brokers solicitation campaigns. Residents willing to sell their homes will still be able to employ services of the local agencies to do so.
No date for the appeal hearing has been scheduled yet.