§ 442-h. Rules of the secretary of state. 1. The secretary of state,\nand not the state real estate board established under section four\nhundred forty-two-i of this article, shall adopt such rules and\nregulations as the secretary of state may determine are necessary for\nthe administration and enforcement of this section.\n 2. (a) If, after a public hearing and a reasonable investigation, the\nsecretary of state determines that the owners of residential real\nproperty within a defined geographic area are subject to intense and\nrepeated solicitations by real estate brokers and salespersons or others\nto place their property for sale with such real estate brokers or\nsalespersons, or otherwise to sell their property, and that such\nsolicitations have caused owners to reasonably believe that property\nvalues may decrease because persons of different race, ethnic, social,\nor religious backgrounds are moving or are about to move into the\nneighborhood or geographic area, the secretary of state may adopt a\nrule, to be known as a nonsolicitation order, directing all real estate\nbrokers, salespersons and other persons regularly engaged in the trade\nor business of buying and selling real estate to refrain from soliciting\nresidential real estate listings or otherwise soliciting the sale of\nresidential real estate within the subject area. Each area subject to\nsuch an order shall be bounded or otherwise specifically defined in the\norder. The nonsolicitation order shall be subject to such terms and\nconditions as the secretary of state may determine are, on balance, in\nthe best interest of the public, including but not limited to the\naffected owners and licensees. A nonsolicitation order may prohibit any\nor all types of solicitation directed towards particular home-owners,\nincluding but not limited to letters, postcards, telephone calls,\ndoor-to-door calls, and handbills. Every nonsolicitation order shall\ncontain a provision setting forth the day, month and year that the order\nshall become effective, as well as the day, month and year that the\norder shall expire. A nonsolicitation order shall not be effective for\nmore than five years. However, a nonsolicitation order and the\nboundaries of the area where it applies may be re-adopted or amended\nfrom time to time in accordance with the procedures set forth herein.\n (b) No real estate broker shall establish a new principal office or\nbranch office within any geographic area which is the subject of a\nnonsolicitation order without prior approval from the secretary of\nstate. The secretary of state may deny any application for the\nestablishment or relocation of a principal office or branch office if\napproval of the application would cause the total number of principal\nand branch offices within the subject area to exceed the total number of\nprincipal and branch offices that were licensed within the area on the\ndate the nonsolicitation order became effective.\n 3. (a) If the secretary of state determines that some owners of\nresidential real property within a defined geographic area are subject\nto intense and repeated solicitation by real estate brokers and\nsalespersons to place their property for sale with such real estate\nbrokers or salespersons, or are subject to intense and repeated\nsolicitation by other persons regularly engaged in the trade or business\nof buying and selling real estate to sell their real estate, the\nsecretary of state may adopt a rule establishing a cease and desist\nzone, which zone shall be bounded or otherwise specifically defined in\nthe rule. After the secretary of state has established a cease and\ndesist zone, the owners of residential real property located within the\nzone may file an owner's statement with the secretary of state\nexpressing their wish not to be solicited by real estate brokers,\nsalespersons or other persons regularly engaged in the trade or business\nof buying and selling real estate. The form and content of the
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