Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Property Law Restrictive Covenants topic
No spam. Unsubscribe anytime.
Assembly approves change to Real Property Law to remove unlawful restrictive covenants from deeds
Summary
The Assembly passed a chapter amendment aligning the definition of protected classes with Executive Law section 296 and providing a mechanism to remove unlawful restrictive covenants from deeds; debate included concerns about blanket legislative language versus case-by-case court adjudication (Ayes 96, Noes 45).
The Assembly on Feb. 3 passed a chapter amendment to the Real Property Law that aligns the statute's protected-class language to the Executive Law (section 296) and allows county courts to make modification documents available to remove unlawful restrictive covenants from deeds.
Sponsor remarks emphasized that leaving discriminatory or archaic covenants in deeds can cause them to run with the land "for time immemorial" and that removing offensive language legislatively avoids unnecessary litigation and the cost of case-by-case adjudication. The sponsor described the measure as providing clearer rules and making modification documents available from county courts.
Some members raised concerns that the legislation may be too broad and could inadvertently impact legitimate, community-specific practices (the member cited hypothetical examples including the Seneca Nation or Orthodox communities). Those members preferred narrower remedies or court-by-court adjudication; other speakers replied that legislative clarity will help remove offensive language and give title companies and attorneys a clear path to correct deeds.
The clerk recorded the vote as Ayes 96, Noes 45, and the chapter amendment passed. Sponsors and supporters said the legislation provides a durable path to remove discriminatory deed language, while opponents cautioned about unintended consequences and urged judicial resolution when appropriate.
