BARRISTER'S BRIEFING: Cease and Desist Zones Now in Effect for Sections of the Bronx and Queens

Leon Cameron, Esq. | November 2017

There are new Department of State regulations that went into effect on Oct. 1, 2017 and will expire Oct. 1, 2022 concerning cease and desist zones in parts of the Bronx and Queens counties. The DOS determined that these new rules were warranted to prevent what were perceived by the public to be intense, repeated and unwarranted real estate solicitations.

During the time the regulations are in effect, it will be illegal for any real estate licensee to solicit a homeowner within the zone that has filed a notice with DOS requesting that they do not wish to receive such solicitations. The list of property owners filing such statements will be viewable on DOS’s website for free, or a hard copy may be purchased for $10. DOS expects that starting on Dec. 1, 2017 the first list of such homeowners will be available.

Any real estate licensee sending solicitations to homeowners registered with DOS may see monetary fines levied against them. Suspension or revocation of one’s license is also possible. Enforcement proceedings will begin after Jan. 1, 2018.

The non-permissible areas of solicitation for Bronx County are as follows: All the land west of the Eastchester Bay south of Griswold Avenue to Bruckner Expressway; then southerly along the Bruckner Expressway/Throgs Neck Expressway to Layton Avenue; then easterly to the Eastchester Bay.

The non-permissible areas of solicitation for Queens County are: the sections of the area of land in the County of Queens, City of New York, within the neighborhood commonly referred to as College Point. More specifically bounded by and described as: beginning at the intersection of Interstate 678 and the East River; thence southerly along Interstate 678 to the intersection of Interstate 678 and 14th Avenue; and westerly along 14th Avenue to College Point Boulevard; thence southerly along College Point Boulevard to 28th Avenue; thence westerly to Flushing Bay; and northeasterly along Flushing Bay and the East River to the point of the beginning.

The sections of the area of land in the Queens County within the neighborhoods commonly referred to as Bayside, Bay Terrace, and Murray Hill, and more specifically bounded by: beginning at the intersection of the Cross Island Parkway and 149th Street; thence southerly along 149th Street to 46th Avenue; and easterly along 46th Avenue and continuing along Hollis Court Boulevard to interstate 495; thence easterly along interstate 495 to the Cross Island Parkway; thence northerly along the Cross Island Parkway to the point of the beginning.

DOS representatives are available to answer your questions on these new Cease and Desist zones. They can be reached via e-mail at: licensing@dos.ny.gov. Alternatively, they may be reached by phone at 518-474-4429, Monday through Friday, except on Legal Holidays.

Editor’s Note: The foregoing is for information purposes only and does not confer an attorney/client relationship. For a legal opinion or advice specific to your situation, please consult with a private attorney at law.

Leon Cameron, Esq.
Leon Cameron, Esq., is Director of Legal Services & Professional Standards Administrator for the Hudson Gateway Association of Realtors.