New York S 3178: Requires the modification of restrictive covenants prior to the sale of real property

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S03178 Summary:

BILL NOS03178A

&nbsp

SAME ASSAME AS A01820-A

&nbsp

SPONSORSANDERS

&nbsp

COSPNSRBROUK, CLEARE, COMRIE, COONEY, HOYLMAN-SIGAL, JACKSON, RIVERA

&nbsp

MLTSPNSR

&nbsp

Add §327-a, RP L

&nbsp

Requires the modification of restrictive covenants prior to the sale of real property when covenants, conditions and restrictions exist which discriminate on the basis of race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income or ancestry.

Go to top S03178 Actions:

BILL NOS03178A

&nbsp

01/24/2025REFERRED TO JUDICIARY

03/11/20251ST REPORT CAL.538

03/12/20252ND REPORT CAL.

03/13/2025ADVANCED TO THIRD READING 

03/24/2025AMENDED ON THIRD READING 3178A

06/11/2025SUBSTITUTED BY A1820A

&nbspA01820 AMEND=A Steck

&nbsp01/14/2025referred to judiciary

&nbsp03/18/2025reported 

&nbsp03/20/2025advanced to third reading cal.62

&nbsp03/24/2025amended on third reading 1820a

&nbsp04/02/2025passed assembly

&nbsp04/02/2025delivered to senate

&nbsp04/02/2025REFERRED TO JUDICIARY

&nbsp06/11/2025SUBSTITUTED FOR S3178A

&nbsp06/11/20253RD READING CAL.538

&nbsp06/11/2025PASSED SENATE

&nbsp06/11/2025RETURNED TO ASSEMBLY

&nbsp12/01/2025delivered to governor

&nbsp12/05/2025signed chap.578

&nbsp12/05/2025approval memo.9

Go to topS03178 Committee&nbspVotes:

Go to topS03178 Floor&nbspVotes:

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

Go to topS03178 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3178--A
 Cal. No. 538

 2025-2026 Regular Sessions

 IN SENATE

 January 24, 2025
 ___________

 Introduced by Sens. SANDERS, BROUK, CLEARE, COMRIE, COONEY, JACKSON,
 RIVERA -- read twice and ordered printed, and when printed to be
 committed to the Committee on Judiciary -- reported favorably from
 said committee, ordered to first and second report, ordered to a third
 reading, amended and ordered reprinted, retaining its place in the
 order of third reading

 AN ACT to amend the real property law, in relation to requiring the
 modification of restrictive covenants prior to the sale of real prop-
 erty

 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
 2 327-a to read as follows:
 3 § 327-a. Modification of restrictive covenants. 1. (a) If any coven-
 4 ants, conditions and restrictions exist in a document to be recorded
 5 which discriminate on the basis of race, color, religion, sex, sexual
 6 orientation, familial status, marital status, disability, national
 7 origin, source of income, or ancestry, any seller shall:
 8 (i) have such unlawful restrictions removed from such document by
 9 submitting a restrictive covenant modification document, which shall be
 10 available from the county recorder, either with the deed for recording,
 11 or separately;
 12 (ii) provide the purchaser or title insurance applicant with a copy of
 13 the appropriate restrictive covenant modification document prior to or
 14 at the closing of title; and
 15 (iii) record the restrictive covenant modification document, however,
 16 such seller shall not be required to pay filing fees for the recording
 17 of the restrictive covenant modification document.
 18 (b) Within one year of the effective date of this section, the board
 19 of managers of a condominium, the board of directors of a cooperative
 20 apartment corporation or a homeowners association if such real property

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00409-03-5

 S. 3178--A 2

 1 is subject to the rules and regulations of such an association, shall
 2 delete or amend any covenants, conditions and restrictions that exist in
 3 a recorded document which discriminate on the basis of race, color,
 4 religion, sex, sexual orientation, familial status, marital status,
 5 disability, national origin, source of income, or ancestry. Such
 6 deletions or amendments shall not be subject to the approval of property
 7 owners.
 8 (c) This section shall not apply to any lawful restrictions under
 9 state and federal law.
 10 2. The restrictive covenant modifi