New York S 4293: Provides for the recordation of restrictive covenant modification documents where conveyance instruments include language violative of civil rights laws

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S04293 Summary:

BILL NOS04293 

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SAME ASNo Same As

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SPONSORPARKER

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COSPNSRKRUEGER, MAY

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MLTSPNSR

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Add §291-k, RP L

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Provides for notice of illegal restrictive covenant language in documents to be recorded and the recordation of restrictive covenant modification documents where conveyance instruments include language violative of civil rights laws; requires any title insurance company, title abstract company or escrow company to include such notice in title abstract reports and to inform purchaser/title insurance applicants of the availability from the county recorder of restrictive covenant modification documents.

Go to top S04293 Actions:

BILL NOS04293 

&nbsp

02/03/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

Go to topS04293 Committee&nbspVotes:

Go to topS04293 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04293 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4293

 2025-2026 Regular Sessions

 IN SENATE

 February 3, 2025
 ___________

 Introduced by Sens. PARKER, KRUEGER, MAY -- read twice and ordered
 printed, and when printed to be committed to the Committee on Judici-
 ary

 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 Assem-
 bly, do enact as follows:

 1 Section 1. The real property law is amended by adding a new section
 2 291-k to read as follows:
 3 § 291-k. Recording of restrictive covenant modification document. 1.
 4 (a) If any covenants, conditions and restrictions exist in a document to
 5 be recorded which discriminate on the basis of race, color, religion,
 6 sex, familial status, marital status, disability, national origin,
 7 source of income, or ancestry then any title insurance company, title
 8 abstract company or escrow company, shall:
 9 (i) notify in at least eighteen-point boldface type on a separate page
 10 within the title abstract report to the purchaser/title insurance appli-
 11 cant, the following language: "This document contains illegal
 12 restrictions based on race, color, religion, sex, familial status, mari-
 13 tal status, disability, national origin, source of income, or ancestry,
 14 that violate state and federal housing law." The purchaser/title insur-
 15 ance applicant of real property may have such illegal restrictions
 16 removed from such document by submitting a restrictive covenant modifi-
 17 cation document, which shall be available from the county recorder,
 18 either with the deed for recording, or separately;
 19 (ii) provide the purchaser/title insurance applicant with a legible
 20 copy of the illegal language on a separate page in the title abstract
 21 report;
 22 (iii) provide the purchaser/title insurance applicant with a copy of
 23 the appropriate restrictive covenant modification document prior to or
 24 at the closing of title;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07998-01-5

 S. 4293 2

 1 (iv) record the restrictive covenant modification document, which
 2 purchaser shall pay the appropriate filing fees, unless the
 3 purchaser/title insurance applicant objects in writing.
 4 (b) This section shall not apply to any lawful restrictions under
 5 state and federal housing law.
 6 2. The restrictive covenant modification document shall be indexed in
 7 the same manner as any previously recorded document or documents to
 8 which the modification document refers and shall reference the original
 9 document by book and page or instrument number and the date of record-
 10 ing.
 11 3. Subject to covenants, conditions, and restrictions recorded after
 12 the original document containing unlawful restrictions, and subject to
 13 covenants, conditions and restrictions recorded after the restrictive
 14 covenant modification document, the restrictive covenant modification,
 15 once recorded, shall be deemed the only restrictions having effect on
 16 the property.
 17 4. Any person holding an ownership interest in real property that such
 18 person believes is subject to an unlawfully restrictive covenant in
 19 violation of state or federal l