N.Y. Comp. Codes R. & Regs. tit. 19 § 178.5

Current through Register Vol. 46, No. 25, June 18, 2024

Section 178.5 - Prohibited forms of solicitation

(a) Within a nonsolicitation area, no real estate broker or real estate salesperson shall engage in any form of solicitation where the purpose of such solicitation is, directly or indirectly, to obtain a listing of residential property for sale and where such solicitation is directed at or toward a homeowner or occupant of residential property within a designated nonsolicitation area.

(b) The following are examples of the types of solicitation that are prohibited:

(1) letters;

(2) postcards;

(3) handbills or leaflets or fliers;

(4) direct advertising delivered by mail or other service;

(5) telephone calls;

(6) door-to-door calls; and

(7) postings in public places.

(c) The following is not prohibited by a nonsolicitation order. Advertisements that are published in newspapers of general circulation:

(1) if such newspaper has a general readership throughout the metropolitan New York City area or throughout a substantial portion of the metropolitan New York City area;

(2) if such newspaper is published not less than once per week; and

(3) if such newspaper is sold by subscription or by individual copy and is not distributed free of charge.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 178.5