assembly Bill A6152A

2021-2022 Legislative Session

Requires the modification of restrictive covenants prior to the sale of real property

download bill text pdf

Sponsored By

Current Bill Status - Passed Assembly


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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 29, 2022 referred to judiciary
delivered to senate
passed assembly
Jan 05, 2022 ordered to third reading cal.202
Jun 03, 2021 amended on third reading 6152a
Jun 02, 2021 ordered to third reading rules cal.337
rules report cal.337
reported
May 26, 2021 reported referred to rules
Mar 10, 2021 referred to judiciary

A6152 - Details

See Senate Version of this Bill:
S4740
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §327-a, RP L

A6152 - Summary

Requires the modification of restrictive covenants prior to the sale of real property when covenants, conditions and restrictions exist which discriminate on the basis of race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income or ancestry.

A6152 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6152
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2021
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the real property law,  in  relation  to  requiring  the
   modification  of restrictive covenants prior to the sale of real prop-
   erty
 
   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
 327-a to read as follows:
   § 327-A. MODIFICATION OF RESTRICTIVE COVENANTS. 1. (A) IF  ANY  COVEN-
 ANTS,  CONDITIONS  AND  RESTRICTIONS  EXIST IN A DOCUMENT TO BE RECORDED
 WHICH DISCRIMINATE ON THE BASIS OF RACE, COLOR,  RELIGION,  SEX,  SEXUAL
 ORIENTATION,  FAMILIAL  STATUS,  MARITAL  STATUS,  DISABILITY,  NATIONAL
 ORIGIN, SOURCE OF INCOME, OR ANCESTRY, ANY SELLER SHALL:
   (I) HAVE SUCH UNLAWFUL RESTRICTIONS  REMOVED  FROM  SUCH  DOCUMENT  BY
 SUBMITTING  A RESTRICTIVE COVENANT MODIFICATION DOCUMENT, WHICH SHALL BE
 AVAILABLE FROM THE COUNTY RECORDER, EITHER WITH THE DEED FOR  RECORDING,
 OR SEPARATELY;
   (II) PROVIDE THE PURCHASER OR TITLE INSURANCE APPLICANT WITH A COPY OF
 THE  APPROPRIATE  RESTRICTIVE COVENANT MODIFICATION DOCUMENT PRIOR TO OR
 AT THE CLOSING OF TITLE;
   (III) RECORD THE RESTRICTIVE COVENANT MODIFICATION DOCUMENT,  HOWEVER,
 SUCH  SELLER  SHALL NOT BE REQUIRED TO PAY FILING FEES FOR THE RECORDING
 OF THE RESTRICTIVE COVENANT MODIFICATION DOCUMENT.
   (B) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION,  THE  BOARD
 OF  MANAGERS  OF  A CONDOMINIUM, THE BOARD OF DIRECTORS OF A COOPERATIVE
 APARTMENT CORPORATION OR A HOMEOWNERS ASSOCIATION IF SUCH REAL  PROPERTY
 IS  SUBJECT  TO  THE RULES AND REGULATIONS OF SUCH AN ASSOCIATION, SHALL
 DELETE OR AMEND ANY COVENANTS, CONDITIONS AND RESTRICTIONS THAT EXIST IN
 A RECORDED DOCUMENT WHICH DISCRIMINATE ON  THE  BASIS  OF  RACE,  COLOR,
 RELIGION,  SEX,  SEXUAL  ORIENTATION,  FAMILIAL  STATUS, MARITAL STATUS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

A6152A (ACTIVE) - Details

See Senate Version of this Bill:
S4740
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §327-a, RP L

A6152A (ACTIVE) - Summary

Requires the modification of restrictive covenants prior to the sale of real property when covenants, conditions and restrictions exist which discriminate on the basis of race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income or ancestry.

A6152A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6152--A
                                                            R. R. 337
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2021
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Judiciary -- reported and referred to the  Committee  on  Rules  --
   ordered  to  third reading amended on the special order of third read-
   ing, ordered reprinted as amended, retaining its place on the  special
   order of third reading
 
 AN  ACT  to  amend  the  real property law, in relation to requiring the
   modification of restrictive covenants prior to the sale of real  prop-
   erty
 
   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
 327-a to read as follows:
   §  327-A.  MODIFICATION OF RESTRICTIVE COVENANTS. 1. (A) IF ANY COVEN-
 ANTS, CONDITIONS AND RESTRICTIONS EXIST IN A  DOCUMENT  TO  BE  RECORDED
 WHICH  DISCRIMINATE  ON  THE BASIS OF RACE, COLOR, RELIGION, SEX, SEXUAL
 ORIENTATION,  FAMILIAL  STATUS,  MARITAL  STATUS,  DISABILITY,  NATIONAL
 ORIGIN, SOURCE OF INCOME, OR ANCESTRY, ANY SELLER SHALL:
   (I)  HAVE  SUCH  UNLAWFUL  RESTRICTIONS  REMOVED FROM SUCH DOCUMENT BY
 SUBMITTING A RESTRICTIVE COVENANT MODIFICATION DOCUMENT, WHICH SHALL  BE
 AVAILABLE  FROM THE COUNTY RECORDER, EITHER WITH THE DEED FOR RECORDING,
 OR SEPARATELY;
   (II) PROVIDE THE PURCHASER OR TITLE INSURANCE APPLICANT WITH A COPY OF
 THE APPROPRIATE RESTRICTIVE COVENANT MODIFICATION DOCUMENT PRIOR  TO  OR
 AT THE CLOSING OF TITLE;
   (III)  RECORD THE RESTRICTIVE COVENANT MODIFICATION DOCUMENT, HOWEVER,
 SUCH SELLER SHALL NOT BE REQUIRED TO PAY FILING FEES FOR  THE  RECORDING
 OF THE RESTRICTIVE COVENANT MODIFICATION DOCUMENT.
   (B)  WITHIN  ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE BOARD
 OF MANAGERS OF A CONDOMINIUM, THE BOARD OF DIRECTORS  OF  A  COOPERATIVE
 APARTMENT  CORPORATION OR A HOMEOWNERS ASSOCIATION IF SUCH REAL PROPERTY
 IS SUBJECT TO THE RULES AND REGULATIONS OF SUCH  AN  ASSOCIATION,  SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets