N.Y. Executive Law 160-M – Nonresident certification and licensing
§ 160-m. Nonresident certification and licensing. 1. Every applicant for certification or licensing under this article who is not a resident of this state shall submit, with the application for certification or license, an irrevocable consent that service of process upon him or her may be made by delivery of the process to the secretary of state if, in an action against the applicant in a court of this state arising out of the applicant's activities as a state certified real estate appraiser, or a state licensed real estate appraiser, the plaintiff cannot, in the exercise of due diligence, effect personal service upon the applicant.
Terms Used In N.Y. Executive Law 160-M
- Appraisal: A determination of property value.
- Board: means the state board of real estate appraisal established pursuant to the provisions of section one hundred sixty-c of this article. See N.Y. Executive Law 160-A
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Real estate: means an identified parcel or tract of land, including improvements, if any. See N.Y. Executive Law 160-A
- Service of process: The service of writs or summonses to the appropriate party.
- State certified real estate appraiser: means a person who develops and communicates real estate appraisal and who holds a current, valid certificate issued to him or her for either general or residential real estate under the provisions of this article. See N.Y. Executive Law 160-A
- State licensed real estate appraiser: means a person who develops and communicates real property appraisals and who holds a current valid license issued to him or her for residential real property under the provisions of this article. See N.Y. Executive Law 160-A
2. When a nonresident of this state, certified or licensed under the laws of his resident state, the certification and licensing process of which has not been disapproved by the appraisal subcommittee of the federal financial institutions examination council, does not maintain an office for providing appraisal services to clients in this state, and has complied with subdivision one of this section, such nonresident may, upon recommendation of the board, pursuant to such temporary licensing rules or regulations as the board may promulgate, provide certified or licensed appraisals. No temporary certificate or license shall be valid for a duration greater than one year after the date of issue. Any person performing, or seeking to perform, federally related appraisals shall be liable for, and pay, all fees, rated proportionately, which would apply to such person were he or she a resident of this state.
3. A nonresident of this state who has complied with subdivision one of this section, but who does not qualify for treatment under subdivision two of this section, may obtain a certificate as a state certified real estate appraiser or a license as a state licensed real estate appraiser by conformity to all the provisions of this article relating to state certified or licensed real estate appraisers.
4. The board shall recognize on a temporary basis the certification or license of an appraiser issued by another state pursuant to section 1122 of Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, Pub. Law. No. 101-73, 103 Stat. 183 (1989) (codified at 12 U.S.C. § 331 et seq.).