New YorkS 87602025-2026 Regular SessionSenateWALLET

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

Sponsored By: James Sanders Jr. (Democratic)

Signed by Governor

RULESJUDICIARY

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Housing associations must remove discriminatory restrictions

Condominium boards, cooperative apartment boards, and homeowners associations must delete or amend unlawful discriminatory restrictions in recorded property documents. They must finish within one year after the section takes effect. Property owners do not need to approve these changes.

Owners can remove discriminatory property restrictions

Anyone with an ownership interest can record a change to a property restriction they believe is unlawful. They must include the full original document with the restriction crossed out and sign under penalty of law. County recorders must provide public forms and index changes like the original document. Each change must identify the original by its book and page or instrument number, plus its recording date. Owners alone bear liability for unauthorized language they record; the county recorder is not liable for recording it. The law removes the rule treating a recorded change as the property's only effective restrictions, which included a later-recorded-covenant exception. Lawful property restrictions are not covered by this removal process.

Sellers must remove discriminatory property restrictions

New York sellers must remove unlawful discriminatory restrictions from property documents being recorded by filing a restrictive covenant modification document. These restrictions illegally discriminate under state or federal law against groups protected by New York housing discrimination law. Sellers must give the buyer or title insurance applicant a copy before or at closing. They must record the change with the deed or separately, but do not have to pay recording fees. The law takes effect on the same date and in the same manner as the related 2025 enactment.

Sponsors & Cosponsors

Sponsor

James Sanders Jr.
Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 173 • No: 68

Senate vote • 2/3/2026

FLOOR Vote

Yes: 46 • No: 14

House vote • 2/3/2026

Assembly floor vote

Yes: 95 • No: 46

committee vote • 1/27/2026

Rules Committee Vote

Yes: 16 • No: 4

committee vote • 1/12/2026