By Adam Kramer
Once again homeowners can prevent real estate brokers from contacting them about their homes by registering for “cease and desist lists.”
A judge for the U.S. Court of Appeals for the Second Circuit last week overturned a July 2001 Court of Appeals ruling, which had found these lists unconstitutional.
Cease and desist lists prevent real estate agents from pestering homeowners about selling their home.
“Last year when ‘cease and desist’ lists were found unconstitutional, I thought the ruling was wrong and apparently the circuit court agrees with me,” said state Sen. Frank Padavan (R-Bellerose), who introduced cease and desist legislation in 1989.
“I worked hard to shepherd legislation through the Senate allowing for the creation of these lists,” he said, “and I’m happy once again homeowners will be protected from solicitation in their homes from often unscrupulous real-estate brokers and agents.”
The July 2001 ruling had found that “cease and desist” lists were unconstitutional because they violated real estate agents’ First Amendment rights. The list reveals the names of people who do not want to be solicited by real estate brokers.
After receiving complaints from homeowner groups and civic associations, Padavan introduced the legislation and led the fight in 1989 to create the cease and desist laws, which created non-solicitation zones.
In 1994, the zones were found to be unconstitutional by a federal court but homeowners were still allowed to register with cease and desist lists that prevented brokers from contacting them. After the lists were deemed unconstitutional, Padavan said, he was deluged with solicitations from real estate brokers
“What the Appeals Court ruling “means is that it isn’t a violation of the First Amendment rights of real estate agents or brokers, to tell them they can’t ring door bells or send mail pieces and fliers that harass certain homeowners, who have specifically requested that they not be bothered,” Padavan said. “The rights of those property owners were at stake and this ruling is a victory for them.”
Anybody who was already on the cease and desist list will remain on the list and those who signed up after the 2001 ruling will be added to a new list being compiled by the New York secretary of state.
Homeowners wanting to be added to the cease and desist list can call general licensing (518) 474-4429.
Reach reporter Adam Kramer by e-mail at Timesledgr@aol.com or call 229-0300, Ext. 157.
