What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Defines prohibited restrictive covenants contained in real property documents and requires the filing of a declaration when recording documents containing such covenants
In Assembly Committee · Judiciary · Sponsor Grace Meng
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the real property law, in relation to the preparation and recording of restrictive covenant declarations
Purpose or general idea of bill
To provide a mechanism to allow home owners to remove current offensive, illegal and racist covenants that restrict owners from selling or conveying to any person based on one's race, color, religion, gender, sexual orientation, familial status, marital status, disability, national origin or ancestry, source of income, socio-economic status or human immunodeficiency virus, or any other criteria in violation of applicable federal or state law.
Summary of specific provisions
The modification document shall be filed with the clerk of the county in which the real property is located, indexed in the same manner as any previously recorded document or documents to which the modification document refers. Subject to provisions in this bill, no written instrument hereafter made, relating to or affecting real property, shall contain any restrictive covenant.
Read the full memo (622 words)
Upon the transfer or sale of real property, or upon the occurrence of any other circumstances entailing the filing of a new deed pertaining to real property, whichever occurs first, the attorney, title insurance company or title insurance agent preparing the new deed shall remove from such deed all provisions or language prohibited by this bill, and shall also remove all such provisions or language from any associated contracts, security instruments or other documents involved in the transaction. Such attorney, title insurance company or title insurance agent shall, if necessary to give effect to this section, prepare a modification document as provided in this bill, to be signed by the owner of record or the prospective purchaser of the property, as applicable, and shall file the same at the time the new deed is filed. Should a person who holds an ownership interest of record in real property he or she believes is the subject of a prohibited restrictive covenant in violation of this bill may, at any time prior to the sale of the property, record a document modifying the instrument containing the prohibited restrictive covenant. In this scenario the owner of the property shall be responsible for any filing fee, if any, associated with the filing of such document.
Justification
Currently in New York State there are still racial restrictive covenants on County records with language that would be offensive, illegal, and unenforceable such as, "No person of any race other than the white or Caucasian race shall use or occupy any building or any lot except that this covenant shall not prevent occupancy by domestic servants of a different race with an owner and tenant." These restrictive covenants will continue to remain public record until removed by the home owner or at the time of transfer or sale of real property. The language in the covenants only serves as a reminder of the painful racist American history from which it was born, and as a stain on the progressive legislative history of the State of New York. Other states such as California and Missouri have legislation concerning the eradication of restrictive covenants.
Prior legislative history
Similar legislation has been introduced in the past several years, but this bill serves to offer a remedy for restrictive covenants without placing undue fiscal or administrative burden on anyone party.
Fiscal implications
None to the state. EFFECTIVE DATE : This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however that 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 and directed to be made and completed on or before such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.