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)

Became Law

RULESJUDICIARY

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Bill Overview

Analyzed Economic Effects

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

Associations must remove discriminatory covenants

Condo boards, co‑op boards, and homeowners associations must delete or amend unlawful, discriminatory restrictions in their recorded documents within one year of the law’s effective date. Owners do not vote on these deletions. This covers discrimination based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, or ancestry.

Defines protected classes and unlawful covenants

The law defines protected classes as those covered by state anti-discrimination law. Unlawful restrictions are covenants that discriminate against a protected class in violation of state or federal law. These rules guide sellers, buyers, owners, title insurers, and recorders in spotting and removing illegal language. Lawful covenants are not changed by this law and still apply.

Start date tied to 2025 law

This law takes effect on the same date as the related 2025 chapter on restrictive covenants (S. 3178‑A / A. 1820‑A). The duties and rights in this section begin when that chapter is in force. Any one‑year deadlines run from that effective date.

Owners can file to remove discriminatory covenants

Any owner who believes their property has an unlawful, discriminatory covenant may record a modification to strike it. The filing must include a full copy of the original with the unlawful words crossed out, and the owner must sign under penalty of law. County recorders must provide public forms and index the modification like the original, with book and page or instrument number and date. If an owner adds language not allowed by law, the owner alone is liable; the county recorder is not. Once recorded, the modification is the operative version for that document in the public record, while any later lawful covenants still apply.

Sellers must remove discriminatory covenants

When a deed or other record still has an unlawful, discriminatory covenant, the seller must file a modification to strike it. The seller must give the buyer or the title insurer a copy before or at closing. The seller must record the modification with the county. There is no filing fee for recording this specific modification. The seller may file it with the deed or as a separate filing.

Sponsors & Cosponsors

Sponsor

James Sanders Jr.
Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 78 • No: 22

Senate vote • 2/3/2026

FLOOR Vote

Yes: 46 • No: 14

committee vote • 1/27/2026

Rules Committee Vote

Yes: 16 • No: 4

committee vote • 1/12/2026