Sec. 178.5. Prohibited forms of solicitation  


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  • (a) Within a nonsolicitation area, no real estate broker or real estate salesperson shall engage in any form of solicitation where the purpose of such solicitation is, directly or indirectly, to obtain a listing of residential property for sale and where such solicitation is directed at or toward a homeowner or occupant of residential property within a designated nonsolicitation area.
    (b) The following are examples of the types of solicitation that are prohibited:
    (1) letters;
    (2) postcards;
    (3) handbills or leaflets or fliers;
    (4) direct advertising delivered by mail or other service;
    (5) telephone calls;
    (6) door-to-door calls; and
    (7) postings in public places.
    (c) The following is not prohibited by a nonsolicitation order. Advertisements that are published in newspapers of general circulation:
    (1) if such newspaper has a general readership throughout the metropolitan New York City area or throughout a substantial portion of the metropolitan New York City area;
    (2) if such newspaper is published not less than once per week; and
    (3) if such newspaper is sold by subscription or by individual copy and is not distributed free of charge.