Legislation

* § 327-a. Modification of restrictive covenants. 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,
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; and

(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,
disability, national origin, source of income, or ancestry. Such
deletions or amendments shall not be subject to the approval of property
owners.

(c) This section shall not apply to any lawful restrictions under
state and federal law.

2. The restrictive covenant modification document 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.

3. Subject to covenants, conditions, and restrictions recorded after
the original document containing unlawful restrictions, and subject to
covenants, conditions and restrictions recorded after the restrictive
covenant modification document, the restrictive covenant modification,
once recorded, shall be deemed the only restrictions having effect on
the property.

4. Any person holding an ownership interest in real property that such
person believes is subject to an unlawfully restrictive covenant in
violation of state or federal law prohibiting restriction based on race,
color, religion, sex, sexual orientation, familial status, marital
status, disability, national origin, source of income, or ancestry may
record a restrictive covenant modification document pursuant to
subdivision one of this section. Such recording shall include a complete
copy of the original document containing the unlawful language with the
unlawful language stricken and shall be signed under penalty of law.

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

6. 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.

* NB Effective June 3, 2026