Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to judiciary |
Jan 31, 2013 |
referred to judiciary |
Senate Bill S3192
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
2013-S3192 (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Real Property Law
- Laws Affected:
- Add ยง291-k, RP L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S5124
2011-2012: S1105
2013-S3192 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3192 TITLE OF BILL: An act to amend the real property law, in relation to the preparation and recording of restrictive covenant declarations PURPOSE OR GENERAL IDEA OF BILL: To provide a mechanism to allow home- owners 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, gender, sexual orientation, familial status, marital status, disability, national origin or ancestry, source of income, socio-economic status or human immunodeficiency virus, or any other criteria in violation of applicable federal or state law. SUMMARY OF SPECIFIC PROVISIONS: The modification document shall be filed with the clerk of the county in which the real property is located, indexed in the same manner as any previously recorded document or documents to which the modification document refers. Subject to provisions in this bill, no written instrument hereafter made, relating to or affecting real property, shall contain any restrictive covenant. Upon the transfer or sale of real property, or upon the occurrence of any other circumstances entailing the filing of a new deed pertaining to real property, whichever occurs first, the attorney, title insurance company or title insurance agent preparing the new deed shall remove from such deed all provisions or language prohibited by this bill, and shall also remove all such provisions or language from any associated
2013-S3192 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3192 2013-2014 Regular Sessions I N S E N A T E January 31, 2013 ___________ Introduced by Sen. PARKER -- 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 the preparation and recording of restrictive covenant declarations 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. PROHIBITED RESTRICTIVE COVENANTS. 1. (A) ANY PROVISION IN A WRITTEN INSTRUMENT RELATING TO OR AFFECTING REAL PROPERTY THAT PURPORTS TO FORBID OR RESTRICT CONVEYING, MORTGAGING, ENCUMBERING OR LEASING OF SUCH REAL PROPERTY TO ANY PERSON ON THE BASIS OF RACE, COLOR, RELIGION, GENDER OR ANY OTHER CRITERIA IN VIOLATION OF APPLICABLE FEDERAL OR STATE LAW, SHALL BE VOID. (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, THE FOLLOWING PROVISIONS ARE NOT PROHIBITED BY THIS SECTION: (I) A LIMITATION, ON THE BASIS OF RELIGION, ON THE USE OF REAL PROPER- TY HELD BY A RELIGIOUS INSTITUTION OR ORGANIZATION OR BY ANY RELIGIOUS OR CHARITABLE ORGANIZATION, OPERATED, SUPERVISED OR CONTROLLED BY A RELIGIOUS INSTITUTION OR ORGANIZATION AND USED FOR RELIGIOUS OR CHARITA- BLE PURPOSES; AND (II) A LIMITATION, IN ACCORDANCE WITH THE PROVISIONS OF STATE OR FEDERAL LAW, ON THE BASIS OF SOURCE OF INCOME OR SOCIO-ECONOMIC STATUS, ON THE USE OF REAL PROPERTY DESIGNATED AS HOUSING ACCOMMODATIONS FOR PERSONS IN LOW INCOME CATEGORIES, WHICH LIMITATION RESTRICTS USE OR OCCUPANCY OF SUCH PROPERTY TO PERSONS IN SUCH CATEGORIES, INCLUDING, BUT NOT LIMITED TO LIMITATIONS ON PROPERTY: (A) DESIGNATED AS PUBLICLY-ASSISTED HOUSING ACCOMMODATIONS AS PROVIDED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW; OR (B) SUBJECT TO RENT CONTROL OR RENT STABILIZATION PURSUANT TO CHAPTER FIVE HUNDRED SEVENTY-SIX OF THE LAWS OF NINETEEN HUNDRED SEVENTY-FOUR, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03091-02-3
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