Foreign Citizenship and Real Estate Licenses

Question:

I am a licensed real estate broker and I am contemplating hiring a foreign citizen as a licensed real estate salesperson. Are there any limitations on a foreign citizen obtaining a real estate broker license or a real estate salesperson license?

Answer:

As of December 2022, revisions to Article 12-A of the New York Real Property Law (the “Law”) have changed the requirements for an individual to obtain a real estate broker license. The Law now provides that in order to obtain a real estate broker license, an individual must be: (1) 20 years of age or over and (2) must not be convicted in New York or elsewhere of a crime. Before the revision, the Law required, as a prerequisite to applying for a real estate broker license, that the applicant be a citizen of the United States or a lawfully admitted permanent resident of the United States and required the applicant to provide a Social Security number or Federal ID number. Although the Law no longer requires an applicant to be a United States citizen or lawfully admitted permanent resident, the Real Estate Broker Application still requires the applicant to provide a Social Security number or Federal ID number. If the applicant does not have a Social Security number or Federal ID number, the applicant must provide a written explanation to the Department of State.

Further, the Law provides that in order to become a licensed real estate salesperson, an applicant must be: (1) over the age of 18 years old and (2) must not be convicted in New York or elsewhere of a crime. The Law does not inquire into the citizenship of the applicant.  Similar to the requirement of the Real Estate Broker Application, the Real Estate Salesperson Application requests that the applicant provide a Social Security number or Federal ID number. If the applicant does not have a Social Security number or Federal ID number, a written explanation to the Department of State is required.

Thus, based on the changes to the Law, a foreign citizen can become a licensed real estate broker or real estate salesperson provided the applicant meets the above-mentioned age requirements, has not been convicted of a crime in New York or elsewhere and meets the educational, examination and experiential requirements set by the Law.

Important Tip:  

In December 2022, Citizenship was added as a protected class under New York State Fair Housing Laws.  You can access our Fair Housing Friday article regarding this topic by clicking here.