What's happening
This bill requires title companies to notify property buyers of illegal discriminatory covenants and enables removal of such covenants from property records.
Why it matters
Ensures transparency for buyers. Title and escrow companies must clearly notify property buyers if any documents contain illegal, discriminatory covenants—helping purchasers become aware of potentially offensive or unlawful restrictions tied to the property’s history.
Empowers property owners and buyers to act. The bill provides a clear process for buyers and current property owners to remove illegal discriminatory language from property records by submitting a modification document, making it easier to correct past injustices embedded in property deeds.
Standardizes removal process and record-keeping. County recorders are required to provide standardized forms for these modifications and ensure that only the updated, lawful restrictions apply after the modification is recorded, which helps modernize and clean up public property records.
Clarifies liability and limits risk. If someone tries to misuse the modification process by adding unauthorized language, only the property owner (not the county recorder) is liable—protecting local officials from legal risk and ensuring accountability rests with those making the changes.
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Who cares
Headline styles
Remove Discriminatory Housing Language
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to judiciary
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4964
2019-2020 Regular Sessions
IN SENATE
April 2, 2019
Introduced by Sens. PARKER, KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the real property law, in relation to recording of restrictive covenant modification documents
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The real property law is amended by adding a new section 291-k to read as follows:
§ 291-k. Recording of restrictive covenant modification document. 1. (a) If any covenants, conditions and restrictions exist in a document to be recorded which discriminate on the basis of race, color, religion, sex, familial status, marital status, disability, national origin, source of income, or ancestry then any title insurance company, title abstract company or escrow company, shall:
(i) notify in at least eighteen-point boldface type on a separate page within the title abstract report to the purchaser/title insurance applicant, the following language: "This document contains illegal restrictions based on race, color, religion, sex, familial status, marital status, disability, national origin, source of income, or ancestry, that violate state and federal housing law." The purchaser/title insurance applicant of real property may have such illegal 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;
(ii) provide the purchaser/title insurance applicant with a legible copy of the illegal language on a separate page in the title abstract report;
(iii) provide the purchaser/title insurance applicant with a copy of the appropriate restrictive covenant modification document prior to or at the closing of title;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07719-01-9
S. 4964 2
(iv) record the restrictive covenant modification document, which purchaser shall pay the appropriate filing fees, unless the purchaser/title insurance applicant objects in writing.
(b) This section shall not apply to any lawful restrictions under state and federal housing law.
2. The restrictive covenant modification document shall be indexed in the same manner as any previously recorded document or documents to which the modification document refers and shall reference the original document by book and page or instrument number and the date of recording.
3. Subject to covenants, conditions, and restrictions recorded after the original document containing unlawful restrictions, and subject to covenants, conditions and restrictions recorded after the restrictive covenant modification document, the restrictive covenant modification, once recorded, shall be deemed the only restrictions having effect on the property.
4. Any person holding an ownership interest in real property that he or she believes is subject to an unlawfully restrictive covenant in violation of state or federal law prohibiting restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, source of income, or ancestry may record a restrictive covenant modification document pursuant to subdivision one of this section. Such recording shall include a complete copy of the original document containing the illegal language with the illegal language stricken and shall be signed under penalty of law.
5. The county recorder shall make available to the public forms for preparation of a restrictive covenant modification document.
6. If the holder of an ownership interest in property causes to be recorded a restrictive covenant modification document pursuant to this section which contains language not authorized by this section, any liability which derives from such recording shall be the sole responsibility of the holder of the ownership interest of record and the county recorder shall not incur any liability for recording such document.
§ 2. 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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, fami- lial 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 coven- ants 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 occupan- cy 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 unen- forceable. 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 Cali- fornia and Missouri have either passed or introduced bills to eliminate the racist language from the records.
Prior legislative history
2017-18: S2352 - Referred to Judiciary 2015-2016:S.2528/A.3260 -Referred to Judiciary 2013-2014:S.1844/A.1984-Referred to Judiciary 2011-2012: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 neces- sary 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.