CEASE AND DESIST FAQS
CEASE AND DESIST FAQS
Q: What are Cease and Desist Zones?
A: A cease and desist zone is an area designated in regulation to address aggressive real estate solicitation. The regulation prohibits the solicitation of a real estate listing from any homeowner whose name appears on a Department of State issued cease and desist list.
Q: Who is prohibited from soliciting in a cease and desist zone?
A: Real estate brokers, real estate salespeople and other persons regularly engaged in the buying and selling of real estate are prohibited from soliciting a listing from homeowners included on the cease and desist list.
Q: What areas are included in the Cease and Desist Zones?
A: The zones include the following parts of Bronx and Queens Counties:
All the land west of the Eastchester Bay south of Griswold Avenue to Bruckner Expressway; thence southerly along the Bruckner Expressway/Throgs Neck Expressway to Layton Avenue; then easterly to the Eastchester Bay.
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, and more specifically bounded by and described as follows:
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; thence westerly along 14th Avenue to College Point Boulevard; thence southerly along College Point Boulevard to 28th Avenue; thence westerly to Flushing Bay; thence northeasterly along Flushing Bay and the East River to the point of the beginning.
The sections of the area of land in the County of Queens, City of New York, within the neighborhoods commonly referred to as: Bay Side, Bay Terrace and Murray Hill, and more specifically bounded by and described as follows:
Beginning at the intersection of the Cross Island Parkway and 149th Street; thence southerly along 149th Street to 46th Avenue; thence 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.
Please see the Maps of the zones on our website: http://www.dos.ny.gov/licensing/ceaseanddesist/
Q: What does solicitation mean?
A: The “legal” definition is:
(i) For the purposes of this subdivision, solicitation shall mean: An attempt to purchase or rent or to obtain a listing of a property for sale, for rent or for purchase.
It shall include but not be limited to: telephone, mail, delivery services, personal contact or otherwise causing any solicitation, oral or written direct or by agent: (a) to be delivered or presented to owner or anyone else at the owner’s home address; (b) to be left for the owner or anyone else at the owner’s home address; (c) to be placed on any vehicle, structure or object located on the owner’s premises
(ii) Solicitation shall not include classified advertising in regularly printed periodicals that are not primarily real estate related; advertisements placed in public view if they are not otherwise in violation of this subdivision; or radio and television advertisements (refer to section 19NYCRR 175.17 of the real estate law booklet on our website.)
Q: Does the Cease and Desist zone include sending out mailings stating they listed or sold a house in the neighborhood?
A: Yes. Sending of just listed or sold mailings cannot be sent to the individuals named on the list.
Q: Does it also include sending out EDDM (every door direct mail) marketing postcards to highlight: “just listed” or “just sold”?
A: Yes, EDDMs are considered solicitation.
See related decision available on the website:
Q: Does “homeowner”, in your cease and desist notification, refer to owners of single family homes or does it include owners of multifamily buildings as well?
A: Homeowner refers to the owners of both single family and multifamily homes.
Q: Since the Cease and Desist lists will not be available until December 1, 2017, is it legal to solicit homeowners until that time?
A: Yes, enforcement action will not be taken until the list is available.
Q: Does a Cease and Desist Zone apply to both commercial businesses and residential properties?
A: No, it applies to residential properties only.
Q: I own a home in a Cease and Desist Zone. How do I add my name and address to the Cease and Desist List?
A: Homeowners may add their names to the cease and desist list by registering on the Department of State website (see link below) or by requesting and completing a registration form. http://www.dos.ny.gov/licensing/ceaseanddesist/
Click on Cease and Desist Zone Registration. It brings up a form you can submit electronically.
Q: How do I get a copy of the Cease and Desist list?
A: The list will be available on the Department’s website for free, or available for purchase for $10.00. The Department expects the first list to be available beginning December 1, 2017.
Q: How often will the list be updated?
A: The list will be updated monthly.
Q: Our company uses Facebook to boost Facebook posts which often are a description of a property for sale, or advertisement about our company services.
(Boosting a post, placing a Facebook advertisement allows a person to share a post with a zip code or town, or a radius around a town.) Would this be considered a violation of the of cease and desist order?
A: Facebook posts are not delivered or addressed to the home address or owner’s premises, so they would not be prohibited by the rule.
Q: Would investment and management companies who buy properties or land in these areas fall under “or any other person regularly engaged in the business or trade of buying and selling property”?
A: Yes, investment and management companies that regularly buy properties and try to solicit sales of homes are subject to the rule.