S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5654
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2023
                                ___________
 
 Introduced by M. of A. BRAUNSTEIN, BENEDETTO, COLTON, KIM -- Multi-Spon-
   sored  by -- M.  of A. COOK -- read once and referred to the Committee
   on Cities
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation to the filing of deeds containing restrictive covenants

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The administrative code of the city of New York is  amended
 by adding a new section 27-106 to read as follows:
   § 27-106 REGISTRY OF DEEDS WITH RESTRICTIVE COVENANTS. (A) THE DEPART-
 MENT  SHALL  MAINTAIN  A  REGISTRY  OF  ALL DEEDS CONTAINING RESTRICTIVE
 COVENANTS THAT ARE FILED WITH THE DEPARTMENT. ANY SUCH FILING SHALL  NOT
 BE  DEEMED  AS  ACCEPTABLE  IN  LIEU  OF  ANY  OTHER FILING REQUIREMENTS
 MANDATED OR PERMITTED UNDER ANY OTHER PROVISION OF LAW,  RULE  OR  REGU-
 LATION. A DEED CONTAINING ONE OR MORE RESTRICTIVE COVENANTS MAY BE FILED
 WITH THE DEPARTMENT FOR INCLUSION IN THIS REGISTRY BY ANY OWNER OR HOME-
 OWNER  ASSOCIATION  WHOSE  PROPERTY IS SUBJECT TO A RESTRICTIVE COVENANT
 AND/OR BY OR ON BEHALF OF A NEIGHBORHOOD ASSOCIATION  OR  CIVIC  ASSOCI-
 ATION  WHOSE AREA OF GEOGRAPHIC CONCERN, AS SET FORTH IN ITS CERTIFICATE
 OF INCORPORATION, CHARTER OR OTHER RELEVANT ORGANIZING DOCUMENT,  ENCOM-
 PASSES  THE  PROPERTY  THAT IS THE SUBJECT OF SUCH RESTRICTIVE COVENANT.
 THE FILING SHALL BE ACCOMPANIED BY A  NOTARIZED  REGISTRATION  STATEMENT
 ACKNOWLEDGING THE AUTHENTICITY OF SUCH DEED. THIS REGISTRY SHALL BE MADE
 AVAILABLE TO THE PUBLIC DURING REGULAR BUSINESS HOURS.
   (B)  PRIOR  TO THE ISSUANCE OF ANY PERMIT, EMPLOYEES OF THE DEPARTMENT
 SHALL SEARCH THE REGISTRY CREATED PURSUANT TO SUBDIVISION  (A)  OF  THIS
 SECTION  FOR  THE PURPOSE OF DETERMINING WHETHER ANY DEED LISTED IN THIS
 REGISTRY CONTAINS ANY RESTRICTIVE COVENANT THAT WOULD BE VIOLATED BY THE
 ISSUANCE OF THE REQUESTED PERMIT OR THE COMPLETION OF  THE  PROJECT  FOR
 WHICH  SUCH  PERMIT  IS  SOUGHT.  IF A VIOLATION OF ANY SUCH RESTRICTIVE
 COVENANT WOULD OCCUR, THEN THE DEPARTMENT SHALL NOT  ISSUE  SUCH  PERMIT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08303-01-3
              

 A. 5654                             2
 
 EXCEPT  AS AUTHORIZED BY ORDER OF A COURT OF COMPETENT JURISDICTION. ANY
 OWNER OR HOMEOWNER ASSOCIATION WHOSE PROPERTY IS  THE  SUBJECT  OF  SUCH
 RESTRICTIVE  COVENANT,  OR ANY NEIGHBORHOOD ASSOCIATION OR CIVIC ASSOCI-
 ATION WHOSE AREA OF CONCERN ENCOMPASSES THE PROPERTY THAT IS THE SUBJECT
 OF  SUCH  RESTRICTIVE  COVENANT, SHALL BE BARRED FROM COLLECTING DAMAGES
 AGAINST THE CITY FOR THE FAILURE TO ENFORCE THE  RESTRICTIONS  CONTAINED
 IN  SUCH  RESTRICTIVE COVENANT IF SUCH RESTRICTIVE COVENANT HAS NOT BEEN
 FILED WITH THE DEPARTMENT. THE DEPARTMENT  SHALL  PROMULGATE  ANY  ADDI-
 TIONAL RULES FOR THE IMPLEMENTATION OF THIS SECTION.
   (C)  NOTHING  IN  THIS SECTION SHALL BE INTERPRETED TO LIMIT OR REDUCE
 THE RIGHTS OF ANY OWNER OR HOMEOWNER ASSOCIATION WHOSE AREA OF GEOGRAPH-
 IC CONCERN ENCOMPASSES THE PROPERTY THAT IS SUBJECT OF SUCH  RESTRICTIVE
 COVENANT  OR  COVENANTS TO INITIATE AND MAINTAIN LEGAL ACTION TO ENFORCE
 ANY SUCH COVENANT OR COVENANTS.
   § 2. This act shall take effect immediately.