The Juniper Park Civic Association received a communication from Bernard M. Friend, Chief Investigator of the Dept. of State.
In the letter Mr. Friend states that “On June 29, 2001 the United States District Court for the Eastern District of New York issued a judgment declaring unconstitutional, under the First Amendment, the Department’s regulation of in-home real estate solicitation. This judgment was reversed by the United States Court of Appeals for the Second Circuit on June 25, 2002, with the final judgment being entered by the court on October 8, 2002.”
These Rules and Regulations referred to under the Real Property Law as Cease and Desist zones are therefore in effect.
There are five cease and desist zones – parts of Kings County, parts of Bronx County and parts of Nassau County. The entire county of Queens, New York is a cease and desist zone.
Licensed real estate brokers and salespersons will be required to refrain from soliciting the homeowners on said lists as of December 10, 2002.
This is an important decision since the Juniper Park Civic Association has repeatedly voiced its opposition to any solicitation from real estate brokers. The practice is disruptive and sends an uneasy message throughout the neighborhoods.
We applaud the United States Court of Appeals for the Second Circuit for their decision in favor of cease and desist orders.