Residential appraiser doing mixed use property

[KenRossman]

FWIW, I trained Mike S.

I stand by ALL of my prior comments in this thread.

Also IMO, someone that holds him or her self out to be an appraiser in NY who is neither licensed nor certified would not be bound by USPAP nor would they be answerable to the NY Board.

 

[The Warrior Monk]

As promised, here is the response:

"New York State is a non license state. Meaning, you do not need to be licensed to conduct/perform an appraisal in NYS. Federally related transactions require a license/certified appraiser.

This answer does not address the point that Ken is making. What if the appraiser is already licensed?

This is where it gets sticky now - if you are not a licensed or certified appraiser you can not violate USPAP in performing an appraisal. But, if you are a licensed or certified appraiser and are performing an appraisal, that you may not be licensed to do, but qualified as defined by the USPAP competency rule, you must follow and abide by USPAP.

IMHO, it gets sticky because it makes no sense. If the unlicensed "appraiser" is not subject to license law, why would their actions need to be subject to USPAP? The answer is that they don't...license law applies to only those that have a license (note: this is assuming that there is no other law outside of licensing law that requires that requires compliance, which I doubt).

 

[KenRossman]

An FRT requires a licensed or certified appraiser because the Federal Reserve Bank, along with the FDIC and OCC require same, not because of some requirement by the NY Board.

Once someone becomes licensed or certified in NY, however they are subject to USPAP and answerable to the board as well as NY Title 19 NYCRR, etc. regardless of whether a property is an FRT or not.