senate Bill S1105A

2011-2012 Legislative Session

Defines prohibited restrictive covenants contained in real property documents and requires the filing of a declaration when recording documents containing such covenants

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Archive: Last Bill Status - In Senate Committee Judiciary 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 17, 2012 print number 1105a
Jan 17, 2012 amend and recommit to judiciary
Jan 04, 2012 referred to judiciary
Jan 05, 2011 referred to judiciary

S1105 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §291-j, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S5124
2013-2014: S3192

S1105 (ACTIVE) - Summary

Defines prohibited restrictive covenants contained in real property documents and requires the filing of a declaration when recording of real property documents containing unlawful restrictive covenants.

S1105 (ACTIVE) - Sponsor Memo

S1105 (ACTIVE) - Bill Text download pdf

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

                                  1105

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

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

AN ACT to amend the real property law, in relation  to  the  preparation
  and recording of restrictive covenant declarations

  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.  PROHIBITED RESTRICTIVE COVENANTS. 1. (A) ANY PROVISION IN A
WRITTEN INSTRUMENT RELATING TO OR AFFECTING REAL PROPERTY THAT  PURPORTS
TO  FORBID  OR RESTRICT CONVEYING, MORTGAGING, ENCUMBERING OR LEASING OF
SUCH REAL PROPERTY TO ANY PERSON ON THE BASIS OF RACE, COLOR,  RELIGION,
GENDER OR ANY OTHER CRITERIA IN VIOLATION OF APPLICABLE FEDERAL OR STATE
LAW, SHALL BE VOID.
  (B)  NOTWITHSTANDING  PARAGRAPH (A) OF THIS SUBDIVISION, THE FOLLOWING
PROVISIONS ARE NOT PROHIBITED BY THIS SECTION:
  (I) A LIMITATION, ON THE BASIS OF RELIGION, ON THE USE OF REAL PROPER-
TY HELD BY A RELIGIOUS INSTITUTION OR ORGANIZATION OR BY  ANY  RELIGIOUS
OR  CHARITABLE  ORGANIZATION,  OPERATED,  SUPERVISED  OR CONTROLLED BY A
RELIGIOUS INSTITUTION OR ORGANIZATION AND USED FOR RELIGIOUS OR CHARITA-
BLE PURPOSES; AND
  (II) A LIMITATION, IN ACCORDANCE  WITH  THE  PROVISIONS  OF  STATE  OR
FEDERAL  LAW, ON THE BASIS OF SOURCE OF INCOME OR SOCIO-ECONOMIC STATUS,
ON THE USE OF REAL PROPERTY DESIGNATED  AS  HOUSING  ACCOMMODATIONS  FOR
PERSONS  IN  LOW  INCOME  CATEGORIES,  WHICH LIMITATION RESTRICTS USE OR
OCCUPANCY OF SUCH PROPERTY TO PERSONS IN SUCH CATEGORIES, INCLUDING, BUT
NOT LIMITED TO LIMITATIONS ON PROPERTY:
  (A) DESIGNATED AS PUBLICLY-ASSISTED HOUSING ACCOMMODATIONS AS PROVIDED
IN SECTION TWO HUNDRED NINETY-TWO OF THE HUMAN RIGHTS LAW; OR
  (B) SUBJECT TO RENT CONTROL OR RENT STABILIZATION PURSUANT TO  CHAPTER
FIVE  HUNDRED  SEVENTY-SIX OF THE LAWS OF NINETEEN HUNDRED SEVENTY-FOUR,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02157-01-1

S1105A (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §291-j, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S5124
2013-2014: S3192

S1105A (ACTIVE) - Summary

Defines prohibited restrictive covenants contained in real property documents and requires the filing of a declaration when recording of real property documents containing unlawful restrictive covenants.

S1105A (ACTIVE) - Sponsor Memo

S1105A (ACTIVE) - Bill Text download pdf

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

                                 1105--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary  --  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  the  preparation
  and recording of restrictive covenant declarations

  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.  PROHIBITED RESTRICTIVE COVENANTS. 1. (A) ANY PROVISION IN A
WRITTEN INSTRUMENT RELATING TO OR AFFECTING REAL PROPERTY THAT  PURPORTS
TO  FORBID  OR RESTRICT CONVEYING, MORTGAGING, ENCUMBERING OR LEASING OF
SUCH REAL PROPERTY TO ANY PERSON ON THE BASIS OF RACE, COLOR,  RELIGION,
GENDER OR ANY OTHER CRITERIA IN VIOLATION OF APPLICABLE FEDERAL OR STATE
LAW, SHALL BE VOID.
  (B)  NOTWITHSTANDING  PARAGRAPH (A) OF THIS SUBDIVISION, THE FOLLOWING
PROVISIONS ARE NOT PROHIBITED BY THIS SECTION:
  (I) A LIMITATION, ON THE BASIS OF RELIGION, ON THE USE OF REAL PROPER-
TY HELD BY A RELIGIOUS INSTITUTION OR ORGANIZATION OR BY  ANY  RELIGIOUS
OR  CHARITABLE  ORGANIZATION,  OPERATED,  SUPERVISED  OR CONTROLLED BY A
RELIGIOUS INSTITUTION OR ORGANIZATION AND USED FOR RELIGIOUS OR CHARITA-
BLE PURPOSES; AND
  (II) A LIMITATION, IN ACCORDANCE  WITH  THE  PROVISIONS  OF  STATE  OR
FEDERAL  LAW, ON THE BASIS OF SOURCE OF INCOME OR SOCIO-ECONOMIC STATUS,
ON THE USE OF REAL PROPERTY DESIGNATED  AS  HOUSING  ACCOMMODATIONS  FOR
PERSONS  IN  LOW  INCOME  CATEGORIES,  WHICH LIMITATION RESTRICTS USE OR
OCCUPANCY OF SUCH PROPERTY TO PERSONS IN SUCH CATEGORIES, INCLUDING, BUT
NOT LIMITED TO LIMITATIONS ON PROPERTY:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02157-02-2

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