Makes provisions regarding agreements affecting real property which are void

BILL NUMBER:S2222

Title of bill

An act to amend the general obligations law, in relation to certain covenants and restrictions limiting religious expression being void as against public policy

Purpose or general idea of bill

Grants people the right to temporarily or seasonally display symbols of religion or heritage on their property.

Summary of provisions

This legislation amends the general obligations law by adding a new section 5-336. The new section would declare void as against public policy any promise, covenant or restriction in a contract, mortgage, lease deed or conveyance or in any other agreement affecting real property, heretofore or hereafter made or entered into, which limits, restrains, prohibits or otherwise provides against the freedom of religious expression including the temporary or seasonal display of symbols with religious significance by the owner, lessee or occupant of the real property.

Justification

Recently it has become evident that groups such as property owner associations have attempted via the inclusion of restrictive covenants to homebuyers, to limit what people put on their property. Certain religions have their followers place symbols of their faith and religious heritage on their property surrounding their home. This legislation attempts to protect people's religious freedoms and their rituals and practices that go along with actively celebrating their faith. Structures protected by this bill would include outdoor symbols such as nativity sets and sukkah huts.

Fiscal implications

None.

Effective date

Immediately.