Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to judiciary |
Jan 09, 2013 |
referred to judiciary |
Senate Bill S1844
2013-2014 Legislative Session
Sponsored By
(D, WF) 21st Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D, WF) 28th Senate District
2013-S1844 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A1984
- Current Committee:
- Senate Judiciary
- Law Section:
- Real Property Law
- Laws Affected:
- Add ยง291-k, RP L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S1933, A5362
2011-2012: S1095, A2560
2015-2016: S2528, A3260
2017-2018: S2352, A5085
2019-2020: S4964, A4992
2021-2022: S5276
2023-2024: S6767
2013-S1844 (ACTIVE) - Summary
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.
2013-S1844 (ACTIVE) - Sponsor Memo
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.
2013-S1844 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1844 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ 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 ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The real property law is amended by adding a new section 291-k to read as follows: S 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 APPLI- CANT, THE FOLLOWING LANGUAGE: "THIS DOCUMENT CONTAINS ILLEGAL RESTRICTIONS BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARI- TAL STATUS, DISABILITY, NATIONAL ORIGIN, SOURCE OF INCOME, OR ANCESTRY, THAT VIOLATE STATE AND FEDERAL HOUSING LAW." THE PURCHASER/TITLE INSUR- ANCE APPLICANT OF REAL PROPERTY MAY HAVE SUCH ILLEGAL RESTRICTIONS REMOVED FROM SUCH DOCUMENT BY SUBMITTING A RESTRICTIVE COVENANT MODIFI- CATION 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.
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