Legislation

* § 327-a. Modification of restrictive covenants. 1. As used in this
section, the following terms shall have the following meanings:

(a) "Protected class" shall mean any class or category of persons
protected from unlawful discriminatory practices under subdivision five
of section two hundred ninety-six of the executive law.

(b) "Unlawful restrictions" shall mean any covenants, conditions, or
restrictions that unlawfully discriminate on the basis of a protected
class in violation of state or federal law.

2. If any unlawful restrictions exist in a document to be recorded,
any seller shall:

(a) 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;

(b) 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; and

(c) 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.

3. 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 unlawful restrictions that exist in a recorded
document. Such deletions or amendments shall not be subject to the
approval of property owners.

4. The restrictive covenant modification document that shall be made
available from the county recorder pursuant to subdivision six of this
section shall be indexed in the same manner as any previously recorded
document or documents to which the modification document refers and
shall reference the original document by book and page number or
instrument number and the date of recording.

5. Any person holding an ownership interest in real property that such
person believes is subject to an unlawful restriction may record a
restrictive covenant modification document pursuant to subdivision two
of this section. Such recording shall include a complete copy of the
original document containing the unlawful restriction with the unlawful
restriction stricken and shall be signed under penalty of law.

6. The county recorder shall make available to the public forms for
preparation of a restrictive covenant modification document.

7. If the holder of an ownership interest in property causes to be
recorded a restrictive covenant modification document pursuant to this
section which contains language not authorized by this section, any
liability which derives from such recording shall be the sole
responsibility of the holder of the ownership interest of record and the
county recorder shall not incur any liability for recording such
document.

8. This section shall not apply to any lawful covenants, conditions,
or restrictions under state or federal law.

* NB Effective June 3, 2026