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Senate Bill S1728

2023-2024 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2023-S1728 (ACTIVE) - Details

See Assembly Version of this Bill:
A4428
Current Committee:
Senate Rules
Law Section:
Real Property Law
Laws Affected:
Add §327-a, RP L
Versions Introduced in Other Legislative Sessions:
2021-2022: S4740, A6152
2025-2026: S3178, A1820

2023-S1728 (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.

2023-S1728 (ACTIVE) - Sponsor Memo

2023-S1728 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1728
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by  Sens.  SANDERS, COMRIE, RIVERA -- 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 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05928-01-3

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