Amendment #364 to H4707

Preventing Housing Discrimination

Mr. Madaro of Boston moves to amend the bill by adding the following section:

Section XXXX

(a) Section 55 of Chapter 13 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting, at the end of the section, the following words:-

The board shall publish, not less than quarterly, an account of newly licensed members. The board shall also publish, not less than quarterly, a summary of complaints filed against licensed members, the actions taken by the board to investigate such complaints, disciplinary hearings, disciplinary actions or revocations of licenses, the reason for such actions by the board, including any findings, in which finding has become final, of discrimination against any classes protected by Chapter 151B or otherwise protected by any other general or special law or federal statute, and the name of the affected license holder.

(b) The third sentence of section 87AAA of chapter 112 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding, after the words “the Massachusetts commission against discrimination” the following words:- , or any other agency that administers fair housing laws and is certified by the federal Assistant Secretary for Fair Housing and Equal Opportunity pursuant to the federal Fair Housing Act, 42 U.S.C. 3601 through 42 U.S.C. 3619, inclusive.

(c) Said third sentence of said section 87AAA of said chapter 112 of the General Laws is hereby further amended by adding, after the words “that said commission” the following words:- or agency.

(d) Said third sentence of said section 87AAA of said chapter 112 of the General Laws is hereby further amended by adding, after the words “the said commission” the following words:- or agency.

(e) Said third sentence of said section 87AAA of said chapter 112 of the General Laws is hereby further amended by striking the word “ninety” and inserting in place thereof the following words:- one hundred and eighty.

(f) Said section 87AAA of said chapter 112 of the General Laws is hereby further amended by adding, after the third sentence, the following words:- The board shall, after notice by the Office of the Attorney General that a court in a matter brought by the Office of the Attorney General has made a finding, which finding has become final, that a licensed broker or salesman committed an unlawful practice in violation of chapter 151B arising out of or in the course of his occupation as a licensed broker or salesman, shall suspend forthwith the license of said broker or salesman for a period of sixty days, provided however, that, if the board determines that the violation by such licensed broker or salesman occurred within two years of the date of a prior finding by a court or agency of a violation of chapter 151B, which prior finding has become final, it shall forthwith suspend the license of such broker or salesman for a period of one hundred and eighty days. The Board shall suspend the license of a broker or salesman for any violation of chapter 151B referred to it under this section. Agencies empowered to make referrals to the Board under this section shall make all referrals that qualify under this section and do not have discretion as to whether to make the referral.

(g) Said chapter 112 of the General Laws is hereby further amended by striking out section 87XX1/2 and inserting in place thereof the following section:-

Section 87XX1/2. Any person holding a license as a real estate broker or salesman shall, within their renewal period, satisfactorily complete courses or programs of instruction approved by the board; provided that attendance at such courses or programs of instruction shall be no less than ten hours but no more than sixteen hours as determined by the board. The curriculum contained in such courses or programs shall contain at least six hours of instruction concerning or related to compliance with laws and regulations selected from any of the following subjects: equal employment opportunity; accessibility for the disabled; agency law; environmental issues in real estate; zoning and building codes; real estate appraisal and financing; property tax assessments and valuation; and real estate board regulations. In addition, the curriculum shall contain at least three hours on alternative dispute resolution methods and at least four hours on fair housing law or diversity and inclusion in real estate. The board shall certify in advance the curriculum forming the basis of such courses or programs which satisfy the provisions of this section.

Every person who is subject to the requirements of this section shall furnish, in a form satisfactory to the board, written certification that the required courses or programs were successfully completed. Upon successful completion of approved courses or programs, the licensee shall be deemed to have met the continuing education requirements of this section for license renewal. Every person who fails to furnish, in a form satisfactory to the board, written certification that the required courses or programs were completed shall be granted inactive status by the board upon renewal of his license in accordance with section eighty-seven XX.

Any person failing to meet requirements imposed upon him by this section or who has submitted to the board a false or fraudulent certificate of compliance therewith, shall, after a hearing thereon, which hearing may be waived by such person, be subject to the suspension of his license until such time as such person shall have demonstrated to the satisfaction of the board that he has complied with all the requirements of this section as well as with all other laws, rules and regulations applicable to such licensing.

The provisions of this section shall not apply to any person licensed by the board under the provisions of section eighty-seven SS who is not required to take an examination to be licensed; provided, however, that any out-of-state licensee who receives reciprocity from the board to practice in the commonwealth shall demonstrate to the board compliance with a continuing education program in such licensee's home state.

The provisions of this section shall not apply to any person licensed by the board who has been granted inactive status by the board. A person licensed by the board and whose license is inactive may not engage in the business of, or act as, a real estate broker or salesman, as defined in section eighty-seven PP, except that he may assist with or direct the procuring of prospects and may receive referral fees for such procurement activities. A person licensed by the board whose license is inactive shall be considered unlicensed for purposes of section eighty-seven RR.

Engaging in the business of, or acting as, a real estate broker or salesman while a license is inactive, except as otherwise provided for in this section, may be grounds for revocation of such license. A person licensed by the board and whose license is inactive shall renew such license in accordance with section eighty-seven XX while such license is inactive. A person licensed by the board and whose license is inactive may apply to the board to reactivate such license, upon demonstration of the completion of the continuing education requirements for the renewal period immediately preceding the application for reactivation of such license and compliance with all then applicable requirements for licensure.

The board shall perform such duties and functions necessary to carry out the provisions of this section and shall promulgate rules and regulations pertaining to the development and administration of an inactive license designation. Such rules and regulations shall include, but not be limited to, developing procedures for the granting of inactive status, the reactivation of licenses, renewal fees and the notification of licensees of continuing education requirements prior to license reactivation.

Additional co-sponsor(s) added to Amendment #364 to H4707

Preventing Housing Discrimination