Provides for the recordation of restrictive covenant modification documents where conveyance instruments include language violative of civil rights laws

1 Co-sponsor

• Liz Krueger

BILL NUMBER:S1844

Title of bill

An act to amend the real property law, in relation to recording of restrictive covenant modification documents

Purpose or general idea of bill

To provide a mechanism to allow homeowners 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, sex, familial status, disability, national origin, source of income, or ancestry that violates state and federal housing law.

Summary specific provisions

This bill would require any title insurance company, title abstract company, or escrow company to inform the buyer of a property whether the property in question contains a restrictive covenant based on race, color, religion, sex, familial status, marital status, disability, national origin, source of income, or ancestry that violates state and federal housing law.

This bill would also provide a process to remove said offensive and racist language from the public record. Then, the person who holds an ownership interest of record in property can record a document to delete the illegal restrictive covenant from the county record.

Justification

Currently in New York State, there are still racial restrictive covenants on County records and such language such as, "No persons 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." It is still in existence in certain communities, such as Chappaqua and Nassau County. The Supreme Court ruled against racially restrictive covenants in 1948, and they were outlawed by the Federal Fair Housing Act of 1968. Nevertheless, these racially restrictive covenants remain a part of the county records, and will continue to remain in the public record until removed by the home owner. Title companies do not show this language to buyers during their searches since they are legally unenforceable. Thus, most buyers do not know about its existence. However, the language should be removed from the public records because it is offensive, illegal, unenforceable, and only serves as a reminder of the painful racist American history, and as a stain on the progressive legislative history of the State of New York. Other States such as California and Missouri have either passed or introduced bills to eliminate the racist language from the records.

Prior legislative history

2011-12: S.1095A/A.2560A - Referred to Judiciary 2009-2010: S.1933 2007-2008: S.1984 2005-2006: S.8134

Fiscal implication

To be determined.

Effective date

This act will 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.