NEW YORK STATE BOARD OF REAL ESTATE APPRAISAL
April 3, 2013
The meeting was held at the Department of State, 99 Washington Avenue, 5th Floor Conference Room, Albany; 123 William Street, 2nd Floor Conference Room, NYC; and, 65 Court Street, 2nd Floor Conference Room, Buffalo.
I. INTRODUCTIONS, ROLL CALL AND QUORUM ANNOUNCEMENT
S. Roefaro, Chair, called the meeting to order at 10:30 a.m.
The official attendance was as follows:
Stephen Roefaro, Chair
Aiesha Battle, Div. of Consumer Protection
Rebecca Jones, UPstate Training
Brian Rogers, regional advisor
Kevin Bailey, Kewka Appraisal Services
Kris Tedeschi, NY University
Kevin Wong, regional advisor
William Migliore, regional advisor
David Wimpelberg, appraiser
II. APPROVAL OF MEETING SUMMARY
Chair S. Roefaro asked for a motion to approve November 28, 2012 meeting summary.
C. DiSanto made a motion to approve the summary of the November 28, 2012 board meeting. The motion was seconded by L. Levy and passed unanimously.
III. SUBCOMMITTEE AND DEPARTMENT REPORTS
V. Cline shared enforcement statistics. She stated that currently there are 82 open pending cases, 67 are with enforcement for investigation, 21 are with counsel for review and evaluation. So far this year, 20 new cases have been received compared to 34 last year at this time. Of the 20 new cases, 11 were received from the public (15 last year), 3 were received from banks and lending institutions (9 last year), and 1 from Appraisal Management Companies (AMC’s) (1 last year).
She also shared that, effective March 15, 2013 the Appraisal Subcommittee (ASC) will begin operation of the Appraisal Complaint National Hotline (Hotline). The Hotline is required by the Dodd-Frank Wall Street Reform and Consumer Protection Act, and refers complainants to appropriate State and/or Federal agencies to handle complaints of alleged violations of the Uniform Standards of Professional Appraisal Practice (USPAP) and/or appraisal independence requirements. The Hotline is available at http://ReferMyAppraisalComplaint.ASC.gov or by calling (877)739-0096.
M. Smith asked about the need for additional regional advisors. V. Cline said that regional advisors are still needed and asked that any recommendations be sent to her or Ernest Delaney. S. Roefaro asked about the status of the Department’s request for an increase in pay for regional advisors. W. Clark stated that approval is still pending. S. Roefaro asked if offering continuing education credits for regional advisors would be possible as an incentive to attract new regional advisors. M. Mastrobuono stated that approval would be required from the Appraisal Subcommittee, and that he would contact them for input.
C. DiSanto spoke about Appraisal Management Company (AMC) legislation and shared that after numerous meetings ideas were submitted to W. Clark for legal review. She is hopeful that board members will receive a draft copy before the next board meeting.
C. DiSanto next spoke about mandatory licensing, and shared that the committee has just begun work on this topic; they plan to review previous versions of this bill, as well as other states laws on mandatory licensing.
IV. ACTION ITEMS
W. Clark updated members on the status of proposed regulation changes, due to new Federal requirements which take effect July 1, 2013. These changes are in regard to federal supervision and trainee standards, as well as reciprocity. The changes to statute have been submitted as a departmental bill proposal, and the regulatory change will be published in the April 17, 2013 issue of the NY State Register. The public comment period ends on June 1, 2013. At the next board meeting (June 5, 2013), any public comments received will be discussed and the proposed changes will be voted on so as to meet the July 1, 2013 Federal deadline.
A committee was formed to review and make suggested changes to the appraisal log, and members received a draft copy of those changes for their review prior to today’s meeting. M. Smith shared that proposed changes were made to areas of the log that were not accurate. C. DiSanto asked about including complex farms, which is a growing business in rural areas of upstate New York. After some discussion, members agreed to add complex farms to be defined as “multiple buildings, large acreage/processing operations” and allowing 40 hours for standard appraisals and 8 hours for review appraisals.
M. Smith made a motion to amend the appraisal log to add complex farms defined as multiple buildings, large acreage/processing operations with 40 hours for standard appraisals and 8 hours for review appraisals. The motion was seconded by P. Goold and passed unanimously.
S. Roefaro made a motion to accept the amended draft of the appraisal log. The motion was seconded by C. DiSanto and passed unanimously.
V. NEW BUSINESS
M. Smith shared that he wanted to make members aware that in the future the Board may need to consider legislation regarding assessment. He said several states are passing legislation about assessing properties, stating when and how a property must be assessed.
VI. PUBLIC COMMENT PERIOD
D. Wimpelberg addressed regarding new regulations taking effect in 2015. He also asked questions regarding his own pending application for appraisal licensure/certification and was referred to a staff member for assistance.
The next board meeting has been scheduled for June 5, 2013. The meeting was adjourned at 11:25am.