N.Y. Real Property Law 444-H – Suspension and revocation of licenses
§ 444-h. Suspension and revocation of licenses. 1. The secretary may refuse to grant or may suspend or revoke a home inspector license, and may impose a civil penalty not to exceed one thousand dollars per violation, upon proof to the satisfaction of the secretary that the holder thereof has:
Terms Used In N.Y. Real Property Law 444-H
- Client: means any person who engages or seeks to engage the services of a home inspector for the purpose of obtaining inspection of and written report about the condition of a residential building. See N.Y. Real Property Law 444-B
- Fraud: Intentional deception resulting in injury to another.
- Home inspection: means the process by which a home inspector observes and provides a written report of the systems and components of a residential building including but not limited to heating system, cooling system, plumbing system, electrical system, structural components, foundation, roof, masonry structure, exterior and interior components or any other related residential building component as recommended or required by the department through regulation to provide a client with objective information about the condition of the residential building. See N.Y. Real Property Law 444-B
- Home inspector: means a person licensed as a home inspector pursuant to the provisions of this article. See N.Y. Real Property Law 444-B
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Secretary: means the secretary of the department of state. See N.Y. Real Property Law 444-B
(a) Violated the provisions of subdivision four of section four hundred forty-four-g of this article;
(b) Disclosed any information concerning the results of the home inspection without the approval of the client or the client's representatives;
(c) Accepted compensation from more than one interested party for the same service without the consent of all interested parties;
(d) Accepted commissions or allowances, directly or indirectly, from other parties dealing with the client in connection with work for which the licensee is responsible;
(e) Failed to disclose promptly to a client information about any business interest of the licensee which may reasonably affect the client in connection with the home inspection;
(f) Been convicted of a felony involving fraud, theft, perjury or bribery;
(g) Failed to pay a fine or restitution ordered by the secretary within a reasonable time; or
(h) Made a willfully false statement in the context of home inspection activities or an application for licensure pursuant to this article.
2. Whenever a license is revoked pursuant to this section, such license shall not be reinstated or reissued until after the expiration of a period of five years from the date of such revocation.
3. A violation of this article by a professional engineer or architect regulated by the state of New York shall be enforced by their respective state licensing boards.