NY State Senate Bill 2021-S4740A

Archive: Last Bill Status - In Senate Committee Rules 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
May 02, 2022	advanced to third reading
Apr 27, 2022	2nd report cal.
Apr 26, 2022	1st report cal.896
Jan 05, 2022	referred to judiciary
Jun 03, 2021	print number 4740a
Jun 03, 2021	amend and recommit to judiciary
Feb 10, 2021	referred to judiciary

Votes

- Apr 26, 2022 - Judiciary Committee Vote
  S4740A
  
  11
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Apr 26, 2022
      
      aye (11)
      
      Bailey
      
      Biaggi
      
      Breslin
      
      Gounardes
      
      Hoylman-Sigal
      
      Kaplan
      
      Myrie
      
      Palumbo
      
      Sepúlveda
      
      Skoufis
      
      Thomas
      
      nay (1)
      
      Oberacker
      
      aye wr (3)
      
      Boyle
      
      Lanza
      
      O'Mara

Bill Amendments

Original

A (Active)

2021-S4740 - Details

See Assembly Version of this Bill:: A6152
Current Committee:: Senate Rules
Law Section:: Real Property Law
Laws Affected:: Add §327-a, RP L
Versions Introduced in 2023-2024 Legislative Session:: S1728, A4428

2021-S4740 - Summary

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.

2021-S4740 - Sponsor Memo

                                
 
BILL NUMBER: S4740

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the real property law, in relation to requiring the
modification of restrictive covenants prior to the sale of real property

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require sellers to remove illegal restrictive covenants
prior to the sale of real property which discriminate on the basis of
race, color, religion, sex, sexual orientation, familial status, marital
status, disability, national origin, source of income, or ancestry.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: If any covenants, conditions and restrictions exist in a
document to be recorded which discriminate on the basis of race, color,
religion, sex, sexual orientation, familial status, marital status,
disability, national origin, source of income, or ancestry, any seller

shall: have such unlawful 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.

Section 2: Effective date.

 
JUSTIFICATION:

Under current law, there is no requirement for sellers of real property
to remove illegal restrictive covenants. While unenforceable, these
restrictive covenants are offensive and a residual of inhumane policies
of the past. The states of Virginia, Florida, Washington and Maryland
have enacted similar legislation.

The National Association of Realtors has stated that restrictive coven-
ants and other restrictions played a major part in today's lower levels
of Black homeownership. Government data from 2017 shows that white
homeownership was nearly 73% versus just 42% among Black people. In
December 2020, a group in Brighton, New York removed racial covenants
from deeds of nearly 300 homes that would prohibit the sale of proper-
ties to non-white buyers. This bill would require sellers to remove
illegal restrictive covenants prior to the sale of real property.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately,, the,. addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.

2021-S4740 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4740
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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  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:
 
   Section  1.  The  real property law is amended by adding a new section
 327-a to read as follows:
   § 327-A. MODIFICATION OF RESTRICTIVE COVENANTS. 1. (A) IF  ANY  COVEN-
 ANTS,  CONDITIONS  AND  RESTRICTIONS  EXIST IN A DOCUMENT TO BE RECORDED
 WHICH DISCRIMINATE ON THE BASIS OF RACE, COLOR,  RELIGION,  SEX,  SEXUAL
 ORIENTATION,  FAMILIAL  STATUS,  MARITAL  STATUS,  DISABILITY,  NATIONAL
 ORIGIN, SOURCE OF INCOME, OR ANCESTRY, ANY SELLER SHALL:
   (I) HAVE SUCH UNLAWFUL 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 OR TITLE INSURANCE APPLICANT WITH A COPY OF
 THE  APPROPRIATE  RESTRICTIVE COVENANT MODIFICATION DOCUMENT PRIOR TO OR
 AT THE CLOSING OF TITLE;
   (III) RECORD THE RESTRICTIVE COVENANT MODIFICATION DOCUMENT,  HOWEVER,
 SUCH  SELLER  SHALL NOT BE REQUIRED TO PAY FILING FEES FOR THE RECORDING
 OF THE RESTRICTIVE COVENANT MODIFICATION DOCUMENT.
   (B) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION,  THE  BOARD
 OF  MANAGERS  OF  A CONDOMINIUM, THE BOARD OF DIRECTORS OF A COOPERATIVE
 APARTMENT CORPORATION OR A HOMEOWNERS ASSOCIATION IF SUCH REAL  PROPERTY
 IS  SUBJECT  TO  THE RULES AND REGULATIONS OF SUCH AN ASSOCIATION, SHALL
 DELETE OR AMEND ANY COVENANTS, CONDITIONS AND RESTRICTIONS THAT EXIST IN
 A RECORDED DOCUMENT WHICH DISCRIMINATE ON  THE  BASIS  OF  RACE,  COLOR,
 RELIGION,  SEX,  SEXUAL  ORIENTATION,  FAMILIAL  STATUS, MARITAL STATUS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09514-01-1

 S. 4740                             2
 
 DISABILITY,  NATIONAL  ORIGIN,  SOURCE  OF  INCOME,  OR  ANCESTRY.  SUCH
 DELETIONS OR AMENDMENTS SHALL NOT BE SUBJECT TO THE APPROVAL OF PROPERTY
 OWNERS.
   (C)  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 NUMBER 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,  SEXUAL  ORIENTATION,  FAMILIAL  STATUS, MARITAL
 STATUS, DISABILITY, NATIONAL ORIGIN, SOURCE OF INCOME, OR  ANCESTRY  MAY
 RECORD A RESTRICTIVE COVENANT MODIFICATION DOCUMENT PURSUANT TO SUBDIVI-
 SION  ONE OF THIS SECTION.  SUCH RECORDING SHALL INCLUDE A COMPLETE COPY
 OF THE ORIGINAL DOCUMENT  CONTAINING  THE  UNLAWFUL  LANGUAGE  WITH  THE
 UNLAWFUL 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 RESPONSI-
 BILITY 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, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

co-Sponsors

2021-S4740A (ACTIVE) - Details

See Assembly Version of this Bill:: A6152
Current Committee:: Senate Rules
Law Section:: Real Property Law
Laws Affected:: Add §327-a, RP L
Versions Introduced in 2023-2024 Legislative Session:: S1728, A4428

2021-S4740A (ACTIVE) - Summary

2021-S4740A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4740A

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the real property law, in relation to requiring the
modification of restrictive covenants prior to the sale of real property

 
PURPOSE OR GENERAL OF BILL:

This bill would require sellers to remove illegal restrictive covenants
prior to the sale of real property which discriminate on the basis of
race, color, religion, sex, sexual orientation, familial status, marital
status, disability, national origin, source of income, or ancestry.

 
SUMMARY OF SPECIFIC PROVISIONS:

  Section  1:  If  any covenants, conditions and restrictions exist in a
document to be recorded which discriminate on the basis of race,  color,
religion,  sex,  sexual  orientation,  familial  status, marital status,
disability, national origin, source of income, or ancestry,  any  seller

shall:  have  such  unlawful  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.

  Section 2: Effective date.

 
JUSTIFICATION:

Under current law, there is no requirement for sellers of real  property
to  remove  illegal  restrictive  covenants.  While unenforceable, these
restrictive covenants are offensive and a residual of inhumane  policies
of  the  past.  The states of Virginia, Florida, Washington and Maryland
have enacted similar legislation.

The National Association of Realtors has stated that restrictive  coven-
ants  and other restrictions played a major part in today's lower levels
of Black homeownership. Government  data  from  2017  shows  that  white
homeownership  was  nearly  73%  versus  just 42% among Black people. In
December 2020, a group in Brighton, New York  removed  racial  covenants
from  deeds  of nearly 300 homes that would prohibit the sale of proper-
ties to non-white buyers. This bill  would  require  sellers  to  remove
illegal restrictive covenants prior to the sale of real property.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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.

2021-S4740A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4740--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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:
 
   Section 1. The real property law is amended by adding  a  new  section
 327-a to read as follows:
   §  327-A.  MODIFICATION OF RESTRICTIVE COVENANTS. 1. (A) IF ANY COVEN-
 ANTS, CONDITIONS AND RESTRICTIONS EXIST IN A  DOCUMENT  TO  BE  RECORDED
 WHICH  DISCRIMINATE  ON  THE BASIS OF RACE, COLOR, RELIGION, SEX, SEXUAL
 ORIENTATION,  FAMILIAL  STATUS,  MARITAL  STATUS,  DISABILITY,  NATIONAL
 ORIGIN, SOURCE OF INCOME, OR ANCESTRY, ANY SELLER SHALL:
   (I)  HAVE  SUCH  UNLAWFUL  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 OR TITLE INSURANCE APPLICANT WITH A COPY OF
 THE APPROPRIATE RESTRICTIVE COVENANT MODIFICATION DOCUMENT PRIOR  TO  OR
 AT THE CLOSING OF TITLE;
   (III)  RECORD THE RESTRICTIVE COVENANT MODIFICATION DOCUMENT, HOWEVER,
 SUCH SELLER SHALL NOT BE REQUIRED TO PAY FILING FEES FOR  THE  RECORDING
 OF THE RESTRICTIVE COVENANT MODIFICATION DOCUMENT.
   (B)  WITHIN  ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE BOARD
 OF MANAGERS OF A CONDOMINIUM, THE BOARD OF DIRECTORS  OF  A  COOPERATIVE
 APARTMENT  CORPORATION OR A HOMEOWNERS ASSOCIATION IF SUCH REAL PROPERTY
 IS SUBJECT TO THE RULES AND REGULATIONS OF SUCH  AN  ASSOCIATION,  SHALL
 DELETE OR AMEND ANY COVENANTS, CONDITIONS AND RESTRICTIONS THAT EXIST IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09514-03-1

 S. 4740--A                          2
 
 A  RECORDED  DOCUMENT  WHICH  DISCRIMINATE  ON THE BASIS OF RACE, COLOR,
 RELIGION, SEX, SEXUAL  ORIENTATION,  FAMILIAL  STATUS,  MARITAL  STATUS,
 DISABILITY,  NATIONAL  ORIGIN,  SOURCE  OF  INCOME,  OR  ANCESTRY.  SUCH
 DELETIONS OR AMENDMENTS SHALL NOT BE SUBJECT TO THE APPROVAL OF PROPERTY
 OWNERS.
   (C)  THIS  SECTION  SHALL  NOT  APPLY TO ANY LAWFUL RESTRICTIONS UNDER
 STATE AND FEDERAL 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 NUMBER 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,  SEXUAL  ORIENTATION,  FAMILIAL  STATUS, MARITAL
 STATUS, DISABILITY, NATIONAL ORIGIN, SOURCE OF INCOME, OR  ANCESTRY  MAY
 RECORD A RESTRICTIVE COVENANT MODIFICATION DOCUMENT PURSUANT TO SUBDIVI-
 SION  ONE OF THIS SECTION.  SUCH RECORDING SHALL INCLUDE A COMPLETE COPY
 OF THE ORIGINAL DOCUMENT  CONTAINING  THE  UNLAWFUL  LANGUAGE  WITH  THE
 UNLAWFUL 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 RESPONSI-
 BILITY 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, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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Senate Bill S4740A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Apr 26, 2022 - Judiciary Committee Vote

Judiciary Committee Vote: Apr 26, 2022

Bill Amendments

2021-S4740 - Details

2021-S4740 - Summary

2021-S4740 - Sponsor Memo

2021-S4740 - Bill Text download pdf

co-Sponsors

2021-S4740A (ACTIVE) - Details

2021-S4740A (ACTIVE) - Summary

2021-S4740A (ACTIVE) - Sponsor Memo

2021-S4740A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4740A

Share this bill

Sponsored By

James Sanders Jr.

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2021-S4740 - Details

2021-S4740 - Summary

2021-S4740 - Sponsor Memo

2021-S4740 - Bill Text download pdf

co-Sponsors

John E. Brooks

Leroy Comrie

Gustavo Rivera

2021-S4740A (ACTIVE) - Details

2021-S4740A (ACTIVE) - Summary

2021-S4740A (ACTIVE) - Sponsor Memo

2021-S4740A (ACTIVE) - Bill Text download pdf

Comments