§ 444-e. Qualifications for licensure. 1. An applicant for a license as a home inspector shall:

Terms Used In N.Y. Real Property Law 444-E

  • 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
  • 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
  • Person: means an individual, firm, company, partnership, limited liability company, or corporation. See N.Y. Real Property Law 444-B
  • Secretary: means the secretary of the department of state. See N.Y. Real Property Law 444-B

(a) have successfully completed high school or its equivalent; and

(b) (i) have successfully completed a course of study of not less than one hundred forty hours approved by the secretary, of which at least forty hours shall have been in the form of unpaid field based inspections in the presence of and under the direct supervision of a home inspector licensed by the state of New York or a professional engineer or architect regulated by the state of New York who oversees and takes full responsibility for the inspection and any report provided to a client; or

(ii) have performed not less than one hundred home inspections in the presence of and under the direct supervision of a home inspector licensed by the state of New York or a professional engineer or architect regulated by the state of New York who oversees and takes full responsibility for the inspection and any report provided to a client; and

(c) have passed the National Home Inspector examination or an examination offered by the secretary. Any examination offered by the secretary must meet or exceed the national exam standards set by the Examination Board of Professional Home Inspectors in consultation with the New York State Association of Home Inspectors to include questions related to state-specific procedures, rules, and regulations, and changes to state and federal law, and be updated annually; and

(d) pay the applicable fees.

2. The provisions of this section shall not apply to a person performing a home inspection pursuant to subparagraph (ii) of paragraph (b) of subdivision one of this section for the purpose of meeting requirements for a home inspector license.

3. Upon submission of an application and payment of the application and licensure fee to the secretary, the secretary shall issue a home inspector's license to a person who holds a valid license as a home inspector issued by another state or possession of the United States or the District of Columbia which has standards substantially equivalent to those of this state as determined by the secretary.

4. On or before the effective date of this article, the secretary shall, upon application, issue a home inspector license to a person who:

(a) meets the requirements of paragraphs (a) and (c) of subdivision one of this section and has performed one hundred or more home inspections for compensation within two years prior to the effective date of this section; or

(b) meets the requirements of paragraph (a) of subdivision one of this section and has been engaged in the practice of home inspection for compensation for not less than three years prior to the effective date of this section during which such person has performed two hundred fifty home inspections for compensation within three years prior to the effective date of this section; or

(c) has education and experience which the secretary, considers equivalent to that required pursuant to paragraphs (a) and (b) of this subdivision.

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