Grants people the right to temporarily or seasonally display symbols of religion or heritage on their property; declares void as against public policy any promise, covenant or restriction in a contract, mortgage, lease, deed, conveyance or other agreement affecting real property, which limits, restrains or prohibits the temporary or seasonal display of symbols with religious significance by the owner, lessee or occupant of the real property.

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S2222-2011 Actions

• Jan 18, 2011: REFERRED TO JUDICIARY

S2222-2011 Memo

BILL NUMBER:S2222

TITLE OF BILL:
An act
to amend the general obligations law, in relation to certain covenants
and restrictions limiting religious expression being void as against
public policy

PURPOSE OR GENERAL IDEA OF BILL:
Grants people the right to temporarily or seasonally display symbols
of religion or heritage on their property.

SUMMARY OF PROVISIONS:
This legislation amends the general obligations law by adding a new
section 5-336. The new section would declare void as against public
policy any promise, covenant or restriction in a contract, mortgage,
lease deed or conveyance or in any other agreement affecting real
property, heretofore or hereafter made or entered into, which
limits, restrains, prohibits or otherwise provides against the
freedom of religious expression including the temporary or seasonal
display of symbols with religious significance by the owner, lessee
or occupant of the real property.

JUSTIFICATION:
Recently it has become evident that groups such as property owner
associations have attempted via the inclusion of restrictive
covenants to homebuyers, to limit what people put on their property.
Certain religions have their followers place symbols of their faith
and religious heritage on their property surrounding their home. This
legislation attempts to protect people's religious freedoms and their
rituals and practices that go along with actively celebrating their
faith. Structures protected by this bill would include outdoor
symbols such as nativity sets and sukkah huts.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S2222-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2222

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 18, 2011
                                 ___________

  Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
    printed to be committed to the Committee on Judiciary

  AN ACT to amend the general obligations  law,  in  relation  to  certain
    covenants and restrictions limiting religious expression being void as
    against public policy

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. The general obligations law is  amended  by  adding  a  new
  section 5-336 to read as follows:

    S  5-336.  CERTAIN COVENANTS AND RESTRICTIONS IN CONVEYANCES AND OTHER
  AGREEMENTS AFFECTING REAL PROPERTY VOID AS AGAINST  PUBLIC  POLICY.  ANY
  PROMISE, COVENANT OR RESTRICTION IN A CONTRACT, MORTGAGE, LEASE, DEED OR
  CONVEYANCE OR IN ANY OTHER AGREEMENT AFFECTING REAL PROPERTY, HERETOFORE
  OR HEREAFTER MADE OR ENTERED INTO, WHICH LIMITS, RESTRAINS, PROHIBITS OR
  OTHERWISE PROVIDES AGAINST THE FREEDOM OF RELIGIOUS EXPRESSION INCLUDING
  THE  DISPLAY OF TEMPORARY OR SEASONAL SYMBOLS WITH RELIGIOUS OR HERITAGE
  SIGNIFICANCE BY THE OWNER, LESSEE OR OCCUPANT OF THE REAL  PROPERTY,  IS
  HEREBY  DECLARED TO BE VOID AS AGAINST PUBLIC POLICY, WHOLLY UNENFORCEA-
  BLE, AND SHALL NOT CONSTITUTE A DEFENSE IN ANY ACTION, SUIT OR  PROCEED-
  ING. NO SUCH PROMISE, COVENANT OR RESTRICTION SHALL BE LISTED AS A VALID
  PROVISION  AFFECTING  SUCH  PROPERTY  IN  PUBLIC NOTICES CONCERNING SUCH
  PROPERTY. THE INVALIDITY OF ANY SUCH PROMISE, COVENANT OR RESTRICTION IN
  ANY SUCH INSTRUMENT OR AGREEMENT SHALL NOT AFFECT THE  VALIDITY  OF  ANY
  OTHER  PROVISION  THEREIN,  BUT  NO  REVERTER SHALL OCCUR, NO POSSESSORY
  ESTATE SHALL RESULT, NOR ANY RIGHT OF ENTRY OR RIGHT  TO  A  PENALTY  OR
  FORFEITURE  SHALL  ACCRUE  BY  REASON  OF THE DISREGARD OF SUCH PROMISE,
  COVENANT OR RESTRICTION.
    S 2. This act shall take effect immediately.


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD06463-01-1