Appraisal Standards

NY-ADR

10/28/15 N.Y. St. Reg. DOS-43-15-00002-P
NEW YORK STATE REGISTER
VOLUME XXXVII, ISSUE 43
October 28, 2015
RULE MAKING ACTIVITIES
DEPARTMENT OF STATE
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
 
I.D No. DOS-43-15-00002-P
Appraisal Standards
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to amend section 1106.1 of Title 19 NYCRR.
Statutory authority:
Executive Law, section 160-d(1)(d)
Subject:
Appraisal Standards.
Purpose:
To adopt the 2016-2017 edition of the Uniform Standards of Professional Appraisal Practice.
Text of proposed rule:
Section 1106.1 of Title 19 of the NYCRR is amended as follows:
(a) Every appraisal assignment shall be conducted and communicated in accordance with the following provisions and standards set forth in the [2014-2015] 2016-2017 edition of the Uniform Standards of Professional Appraisal Practice:
(1) Definitions;
(2) Preamble;
(3) Ethics rule;
(4) Record keeping rule;
(5) Competency rule;
(6) Scope of work rule;
(7) Jurisdictional exception rule;
(8) Standard 1—Real Property Appraisal, Development;
(9) Standard 2—Real Property Appraisal, Reporting;
(10) Standard 3—Appraisal Review, Development and Reporting;
(11) Retired;
(12) Retired;
(13) Standard 6—Mass Appraisal, Development and Reporting;
(14) Standard 7—Personal Property Appraisal, Development;
(15) Standard 8—Personal Property Appraisal, Reporting;
(16) Standard 9—Business Appraisal, Development; and
(17) Standard 10—Business Appraisal, Reporting.
(b) The [2014-2015] 2016-2017 edition of the Uniform Standards of Professional Appraisal Practice is published by the Appraisal Foundation, which is authorized by the United States Congress as the source of appraisal standards. Copies may be obtained from: The Appraisal Foundation [1029 Vermont Avenue, NW, Suite 900] 1155 15th Street, NW, Suite 1111, Washington, DC 20005 tel: 202-347-7722 www.appraisalfoundation.org. The [2014-2015] 2016-2017 edition of the Uniform Standards of Professional Appraisal Practice can be viewed, downloaded and printed from http://www.appraisalfoundation.org. Copies are also available for inspection and copying at the following offices of the Department of State:
Division of Licensing Services N.Y.S. Department of State One Commerce Plaza 99 Washington Avenue, 5th Floor Albany, NY 12231 tel: 518-473-2728
Division of Licensing Services N.Y.S. Department of State 65 Court Street Buffalo, NY 14202 tel: 716-847-7110
Division of Licensing Services N.Y.S. Department of State 123 William Street New York, NY 10038 tel: 212-417-5747
Division of Licensing Services N.Y.S. Department of State 250 Veterans Memorial Highway Hauppauge, NY 11788 tel: 631-952-6579
Text of proposed rule and any required statements and analyses may be obtained from:
David Mossberg, NYS Dept. of State, 123 William St., 20th FL., New York, NY 10038, (212) 417-2063, email: [email protected]
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
This rule is being proposed as a consensus rule making. The New York State Board of Real Estate Appraisal does not expect that any person is likely to object to its adoption because the proposed rule merely implements a nondiscretionary statutory direction, i.e., the adoption of these appraisal standards is mandated by § 160(d)(1)(d) of the Executive Law.
Section 160-d(1)(d) of the Executive Law provides, in part, that the New York State Board of Real Estate Appraisal shall adopt standards for the development and communication of real estate appraisals; provided, however, that those standards must, at minimum, conform to the uniform standards of professional appraisal promulgated by the Appraisal Standards Board of the Appraisal Foundation.
Acting pursuant to Title IX of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (12 U.S.C.A. §§ 3310-3351), the Appraisal Standards Board has adopted and, from time to time, amended the Uniform Standards of Professional Appraisal Practice, which set forth national standards for developing an appraisal and for reporting its results.
This proposal will adopt the 2016-2017 edition of the Uniform Standards of Professional Appraisal Practice relating to real estate appraisals. Since § 160-d(1)(d) directs that the standards adopted by the State Board of Real Estate Appraisal conform, at a minimum, to the standards promulgated by the Appraisal Standards Board, the State Board does not expect that any person is likely to object to the adoption of the 2016-2017 edition of the Uniform Standards of Professional Appraisal Practice. The State Board has previously adopted the 2002, 2003, 2004, 2005, 2006, 2007, 2008-2009, 2010-2011, 2012-2013, 2014-2015 editions of the Uniform Standards of Professional Appraisal Practice without objection.
Job Impact Statement
Licensed and certified real estate appraisers are currently subject to the 2014-2015 edition of the Uniform Standards of Professional Appraisal Practice, which will be revised by the 2016-2017 edition. The changes being made are minimal and are not anticipated to impact job opportunities for real estate appraisers. Accordingly, the New York State Board of Real Estate Appraisal does not believe that adoption of the 2016-2017 edition of the Uniform Standards of Professional Appraisal Practice will have any substantial adverse impact on jobs and employment opportunities.
End of Document