senate Bill S1095A

2011-2012 Legislative Session

Provides for the recordation of restrictive covenant modification documents where conveyance instruments include language violative of civil rights laws

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 11, 2012 print number 1095a
amend and recommit to judiciary
Jan 04, 2012 referred to judiciary
Jan 05, 2011 referred to judiciary

Co-Sponsors

S1095 - Details

See Assembly Version of this Bill:
A2560A
Current Committee:
Law Section:
Real Property Law
Laws Affected:
Add §291-j, RP L
Versions Introduced in 2009-2010 Legislative Session:
S1933, A5362

S1095 - Summary

Provides for notice of illegal restrictive covenant language in documents to be recorded and the recordation of restrictive covenant modification documents where conveyance instruments include language violative of civil rights laws; requires any title insurance company, title abstract company or escrow company to include such notice in title abstract reports and to inform purchaser/title insurance applicants of the availability from the county recorder of restrictive covenant modification documents.

S1095 - Sponsor Memo

S1095 - Bill Text download pdf

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

                                  1095

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by  Sens.  PARKER,  DUANE, KRUEGER -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary

AN  ACT  to  amend  the  real  property law, in relation to recording of
  restrictive covenant modification documents

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

  Section  1.  The  real property law is amended by adding a new section
291-i to read as follows:
  S 291-I. RECORDING OF RESTRICTIVE COVENANT MODIFICATION  DOCUMENT.  1.
(A) IF ANY COVENANTS, CONDITIONS AND RESTRICTIONS EXIST IN A DOCUMENT TO
BE  RECORDED  WHICH  DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION,
SEX, FAMILIAL  STATUS,  MARITAL  STATUS,  DISABILITY,  NATIONAL  ORIGIN,
SOURCE  OF  INCOME,  OR ANCESTRY THEN ANY TITLE INSURANCE COMPANY, TITLE
ABSTRACT COMPANY OR ESCROW COMPANY, SHALL:
  (I) NOTIFY IN AT LEAST EIGHTEEN-POINT BOLDFACE TYPE ON A SEPARATE PAGE
WITHIN THE TITLE ABSTRACT REPORT TO THE PURCHASER/TITLE INSURANCE APPLI-
CANT,  THE  FOLLOWING  LANGUAGE:   "THIS   DOCUMENT   CONTAINS   ILLEGAL
RESTRICTIONS BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARI-
TAL  STATUS, DISABILITY, NATIONAL ORIGIN, SOURCE OF INCOME, OR ANCESTRY,
THAT VIOLATE STATE AND FEDERAL HOUSING LAW." THE PURCHASER/TITLE  INSUR-
ANCE  APPLICANT  OF  REAL  PROPERTY  MAY  HAVE SUCH ILLEGAL RESTRICTIONS
REMOVED FROM SUCH DOCUMENT BY SUBMITTING A RESTRICTIVE COVENANT  MODIFI-
CATION  DOCUMENT,  WHICH  SHALL  BE  AVAILABLE FROM THE COUNTY RECORDER,
EITHER WITH THE DEED FOR RECORDING, OR SEPARATELY;
  (II) PROVIDE THE PURCHASER/TITLE INSURANCE APPLICANT  WITH  A  LEGIBLE
COPY  OF  THE  ILLEGAL LANGUAGE ON A SEPARATE PAGE IN THE TITLE ABSTRACT
REPORT;
  (III) PROVIDE THE PURCHASER/TITLE INSURANCE APPLICANT WITH A  COPY  OF
THE  APPROPRIATE  RESTRICTIVE COVENANT MODIFICATION DOCUMENT PRIOR TO OR
AT THE CLOSING OF TITLE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02154-01-1

Co-Sponsors

S1095A (ACTIVE) - Details

See Assembly Version of this Bill:
A2560A
Current Committee:
Law Section:
Real Property Law
Laws Affected:
Add §291-j, RP L
Versions Introduced in 2009-2010 Legislative Session:
S1933, A5362

S1095A (ACTIVE) - Summary

Provides for notice of illegal restrictive covenant language in documents to be recorded and the recordation of restrictive covenant modification documents where conveyance instruments include language violative of civil rights laws; requires any title insurance company, title abstract company or escrow company to include such notice in title abstract reports and to inform purchaser/title insurance applicants of the availability from the county recorder of restrictive covenant modification documents.

S1095A (ACTIVE) - Sponsor Memo

S1095A (ACTIVE) - Bill Text download pdf

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

                                 1095--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by  Sens.  PARKER,  DUANE, KRUEGER -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary  --  recommitted  to the Committee on Judiciary in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  real  property law, in relation to recording of
  restrictive covenant modification documents

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

  Section  1.  The  real property law is amended by adding a new section
291-j to read as follows:
  S 291-J. RECORDING OF RESTRICTIVE COVENANT MODIFICATION  DOCUMENT.  1.
(A) IF ANY COVENANTS, CONDITIONS AND RESTRICTIONS EXIST IN A DOCUMENT TO
BE  RECORDED  WHICH  DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION,
SEX, FAMILIAL  STATUS,  MARITAL  STATUS,  DISABILITY,  NATIONAL  ORIGIN,
SOURCE  OF  INCOME,  OR ANCESTRY THEN ANY TITLE INSURANCE COMPANY, TITLE
ABSTRACT COMPANY OR ESCROW COMPANY, SHALL:
  (I) NOTIFY IN AT LEAST EIGHTEEN-POINT BOLDFACE TYPE ON A SEPARATE PAGE
WITHIN THE TITLE ABSTRACT REPORT TO THE PURCHASER/TITLE INSURANCE APPLI-
CANT,  THE  FOLLOWING  LANGUAGE:   "THIS   DOCUMENT   CONTAINS   ILLEGAL
RESTRICTIONS BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARI-
TAL  STATUS, DISABILITY, NATIONAL ORIGIN, SOURCE OF INCOME, OR ANCESTRY,
THAT VIOLATE STATE AND FEDERAL HOUSING LAW." THE PURCHASER/TITLE  INSUR-
ANCE  APPLICANT  OF  REAL  PROPERTY  MAY  HAVE SUCH ILLEGAL RESTRICTIONS
REMOVED FROM SUCH DOCUMENT BY SUBMITTING A RESTRICTIVE COVENANT  MODIFI-
CATION  DOCUMENT,  WHICH  SHALL  BE  AVAILABLE FROM THE COUNTY RECORDER,
EITHER WITH THE DEED FOR RECORDING, OR SEPARATELY;
  (II) PROVIDE THE PURCHASER/TITLE INSURANCE APPLICANT  WITH  A  LEGIBLE
COPY  OF  THE  ILLEGAL LANGUAGE ON A SEPARATE PAGE IN THE TITLE ABSTRACT
REPORT;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02154-03-2

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