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.
- Jan 18, 2011: REFERRED TO JUDICIARY
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.
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