New YorkA 18202025-2026 Regular SessionHouseWALLET

Requires the modification of restrictive covenants prior to the sale of real property

Sponsored By: Phil Steck (Democratic)

Signed by Governor

JUDICIARY

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 1 costs, 1 mixed.

Housing associations must remove discriminatory restrictions

The act takes effect 180 days after becoming law. Condominium, cooperative, and homeowners association boards must remove or amend unlawful discriminatory restrictions in their recorded documents. They have one year after the act's effective date to do this, without needing property-owner approval. Restrictions lawful under state and federal law are not covered.

Owners can correct discriminatory property records

Beginning 180 days after enactment, ownership-interest holders can record corrections when they believe their property has an unlawful discriminatory restriction. County recorders must provide public forms; filings must include the full original document with unlawful words crossed out, signed under penalty of law. Corrections must be indexed like the original and identify its recording date and book/page or instrument number. Once recorded, the correction contains the property's effective restrictions, subject to restrictions recorded after the original document or after the correction. This process removes unlawful language without removing lawful restrictions.

Owners bear liability for unauthorized corrections

Beginning 180 days after the act becomes law, owners are solely responsible for liability from recording corrections containing unauthorized language. This applies when an ownership-interest holder causes the correction document to be recorded. The county recorder is not liable for recording that document.

Sellers must remove discriminatory property restrictions

Beginning 180 days after the act becomes law, sellers must correct unlawful discriminatory restrictions in property documents being recorded. Covered grounds are race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, and ancestry. Sellers must obtain a restrictive covenant modification document from the county recorder and give buyers or title insurance applicants a copy by closing. Sellers must record the correction, but they do not have to pay the recording filing fee. Restrictions lawful under state and federal law are not covered.

Sponsors & Cosponsors

Sponsor

  • Phil Steck

    Democratic • House

Cosponsors

  • Angelo Santabarbara

    Democratic • House

  • Dana Levenberg

    Democratic • House

  • Jonathan Jacobson

    Democratic • House

  • Pamela J. Hunter

    Democratic • House

  • Sarah Clark

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 147 • No: 60

Senate vote • 6/11/2025

FLOOR Vote

Yes: 47 • No: 12

House vote • 4/2/2025

Assembly floor vote

Yes: 100 • No: 48

Actions Timeline

  1. APPROVAL MEMO.9

    12/5/2025House
  2. SIGNED CHAP.578

    12/5/2025House
  3. DELIVERED TO GOVERNOR

    12/1/2025House
  4. RETURNED TO ASSEMBLY

    6/11/2025Senate
  5. PASSED SENATE

    6/11/2025Senate
  6. 3RD READING CAL.538

    6/11/2025Senate
  7. SUBSTITUTED FOR S3178A

    6/11/2025Senate
  8. REFERRED TO JUDICIARY

    4/2/2025Senate
  9. DELIVERED TO SENATE

    4/2/2025House
  10. PASSED ASSEMBLY

    4/2/2025House
  11. AMENDED ON THIRD READING 1820A

    3/24/2025House
  12. ADVANCED TO THIRD READING CAL.62

    3/20/2025House
  13. REPORTED

    3/18/2025House
  14. REFERRED TO JUDICIARY

    1/14/2025House

Bill Text

  • Amendment A

    3/24/2025

  • Original

    1/14/2025

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