What's happening
This bill requires New York City to create a public registry of deeds with restrictive covenants and mandates departmental checks before issuing permits.
Why it matters
Creates a centralized, public registry. By mandating a public registry of deeds with restrictive covenants, the bill makes it easier for property owners, associations, and the general public to access information about legal restrictions on land use, which can otherwise be difficult to find.
Adds a new layer of permit review. City departments must check this registry for potential covenant violations before issuing permits, which could prevent projects that would conflict with existing private property restrictions and avert costly legal disputes.
Shifts enforcement responsibility. If a restrictive covenant is not registered, affected parties lose the ability to hold the city liable for failing to enforce it—encouraging proactive registration and clarifying where responsibility for enforcement lies.
Preserves private legal rights. Even with the new procedures, the bill explicitly ensures that property owners and associations retain the ability to sue to enforce restrictive covenants, maintaining an important avenue for private action.
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Who cares
Headline styles
Track Deeds With Restrictions
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 26
1 Multi-sponsor
History
- Referred to cities
- Referred to cities
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.
Track Restrictive Deeds Citywide
In Senate Committee · Housing, Construction And Community Development · Sponsor Toby Ann Stavisky
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
224
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. BRAUNSTEIN, MOSLEY, BENEDETTO, JAFFEE, COLTON, MONTESANO, KIM -- Multi-Sponsored by -- M. of A. COOK -- read once and referred to the Committee on Cities
AN ACT to amend the administrative code of the city of New York, in relation to the filing of deeds containing restrictive covenants
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The administrative code of the city of New York is amended by adding a new section 27-106 to read as follows:
§ 27-106 Registry of deeds with restrictive covenants. (a) The department shall maintain a registry of all deeds containing restrictive covenants that are filed with the department. Any such filing shall not be deemed as acceptable in lieu of any other filing requirements mandated or permitted under any other provision of law, rule or regulation. A deed containing one or more restrictive covenants may be filed with the department for inclusion in this registry by any owner or homeowner association whose property is subject to a restrictive covenant and/or by or on behalf of a neighborhood association or civic association whose area of geographic concern, as set forth in its certificate of incorporation, charter or other relevant organizing document, encompasses the property that is the subject of such restrictive covenant. The filing shall be accompanied by a notarized registration statement acknowledging the authenticity of such deed. This registry shall be made available to the public during regular business hours.
(b) Prior to the issuance of any permit, employees of the department shall search the registry created pursuant to subdivision (a) of this section for the purpose of determining whether any deed listed in this registry contains any restrictive covenant that would be violated by the issuance of the requested permit or the completion of the project for which such permit is sought. If a violation of any such restrictive
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02653-01-9
A. 224 2
covenant would occur, then the department shall not issue such permit except as authorized by order of a court of competent jurisdiction. Any owner or homeowner association whose property is the subject of such restrictive covenant, or any neighborhood association or civic association whose area of concern encompasses the property that is the subject of such restrictive covenant, shall be barred from collecting damages against the city for the failure to enforce the restrictions contained in such restrictive covenant if such restrictive covenant has not been filed with the department. The department shall promulgate any additional rules for the implementation of this section.
(c) Nothing in this section shall be interpreted to limit or reduce the rights of any owner or homeowner association whose area of geographic concern encompasses the property that is subject of such restrictive covenant or covenants to initiate and maintain legal action to enforce any such covenant or covenants.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.