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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1820A
SPONSOR: Steck TITLE OF BILL:
An act to amend the real property law, in relation to requiring the
modification of restrictive covenants prior to the sale of real property
PURPOSE OR GENERAL IDEA OF BILL:
This bill would require sellers to remove illegal restrictive covenants
prior to the sale of real property which discriminate on the basis of
race, color, religion, sex, sexual orientation, familial status, marital
status, disability, national origin, source of income, or ancestry.
SUMMARY OF PROVISIONS:
Section 1: 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: 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.
Section 2: Effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Technical amendment to § 1(a)(ii) for clarity.
JUSTIFICATION:
Under current law, there is no requirement for sellers of real property
to remove illegal restrictive covenants. While unenforceable, these
restrictive covenants are offensive and a residual of inhumane policies
of the past. The states of Virginia, Florida, Washington and Maryland
have enacted similar legislation. The National Association of Realtors
has stated that restrictive covenants and other restrictions played a
major part in today's lower levels of Black homeownership. Government
data from 2017 shows that white homeownership was nearly 73% versus just
42% among Black people. In December 2020, a group in Brighton, New York
removed racial covenants from deeds of nearly 300 homes that would
prohibit the sale of properties to non-white buyers. This bill would
require sellers to remove illegal restrictive covenants prior to the
sale of real property.
PRIOR LEGISLATIVE HISTORY:
2023/24: A4428-passed the Assembly, delivered to the Senate
2021/22: A6152A-passed Assembly, delivered to Senate
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.
