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Senate Bill S1693

2009-2010 Legislative Session

Makes provisions regarding agreements affecting real property which are void

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2009-S1693 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add ยง5-335, Gen Ob L
Versions Introduced in 2011-2012 Legislative Session:
S2222

2009-S1693 (ACTIVE) - Summary

Grants people the right to temporarily or seasonally display symbols of religion or heritage on their property; declares void as against public policy any promise, covenant or restriction in a contract, mortgage, lease, deed, conveyance or other agreement affecting real property, which limits, restrains or prohibits the temporary or seasonal display of symbols with religious significance by the owner, lessee or occupant of the real property.

2009-S1693 (ACTIVE) - Sponsor Memo

2009-S1693 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1693

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the general obligations  law,  in  relation  to  certain
  covenants and restrictions limiting religious expression being void as
  against public policy

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general obligations law is  amended  by  adding  a  new
section 5-335 to read as follows:
  S  5-335.  CERTAIN COVENANTS AND RESTRICTIONS IN CONVEYANCES AND OTHER
AGREEMENTS AFFECTING REAL PROPERTY VOID AS AGAINST  PUBLIC  POLICY.  ANY
PROMISE, COVENANT OR RESTRICTION IN A CONTRACT, MORTGAGE, LEASE, DEED OR
CONVEYANCE OR IN ANY OTHER AGREEMENT AFFECTING REAL PROPERTY, HERETOFORE
OR HEREAFTER MADE OR ENTERED INTO, WHICH LIMITS, RESTRAINS, PROHIBITS OR
OTHERWISE PROVIDES AGAINST THE FREEDOM OF RELIGIOUS EXPRESSION INCLUDING
THE  DISPLAY OF TEMPORARY OR SEASONAL SYMBOLS WITH RELIGIOUS OR HERITAGE
SIGNIFICANCE BY THE OWNER, LESSEE OR OCCUPANT OF THE REAL  PROPERTY,  IS
HEREBY  DECLARED TO BE VOID AS AGAINST PUBLIC POLICY, WHOLLY UNENFORCEA-
BLE, AND SHALL NOT CONSTITUTE A DEFENSE IN ANY ACTION, SUIT OR  PROCEED-
ING. NO SUCH PROMISE, COVENANT OR RESTRICTION SHALL BE LISTED AS A VALID
PROVISION  AFFECTING  SUCH  PROPERTY  IN  PUBLIC NOTICES CONCERNING SUCH
PROPERTY. THE INVALIDITY OF ANY SUCH PROMISE, COVENANT OR RESTRICTION IN
ANY SUCH INSTRUMENT OR AGREEMENT SHALL NOT AFFECT THE  VALIDITY  OF  ANY
OTHER  PROVISION  THEREIN,  BUT  NO  REVERTER SHALL OCCUR, NO POSSESSORY
ESTATE SHALL RESULT, NOR ANY RIGHT OF ENTRY OR RIGHT  TO  A  PENALTY  OR
FORFEITURE  SHALL  ACCRUE  BY  REASON  OF THE DISREGARD OF SUCH PROMISE,
COVENANT OR RESTRICTION.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08377-01-9

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