Senate Bill S2528

2015-2016 Legislative Session

Provides for the recordation of restrictive covenant modification documents where conveyance instruments include language violative of civil rights laws

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Archive: Last Bill Status - In Senate Committee Judiciary Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S2528 (ACTIVE) - Details

See Assembly Version of this Bill:
A3260
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §291-k, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1933, A5362
2011-2012: S1095, A2560
2013-2014: S1844, A1984
2017-2018: S2352, A5085
2019-2020: S4964, A4992
2021-2022: S5276
2023-2024: S6767

2015-S2528 (ACTIVE) - Summary

Provides for notice of illegal restrictive covenant language in documents to be recorded and the recordation of restrictive covenant modification documents where conveyance instruments include language violative of civil rights laws; requires any title insurance company, title abstract company or escrow company to include such notice in title abstract reports and to inform purchaser/title insurance applicants of the availability from the county recorder of restrictive covenant modification documents.

2015-S2528 (ACTIVE) - Sponsor Memo

2015-S2528 (ACTIVE) - Bill Text download pdf

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

                                  2528

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by  Sens. PARKER, KRUEGER -- read twice and ordered printed,
  and when printed to be committed to the Committee on Judiciary

AN ACT to amend the real property  law,  in  relation  to  recording  of
  restrictive covenant modification documents

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

  Section 1. The real property law is amended by adding  a  new  section
291-k to read as follows:
  S  291-K.  RECORDING OF RESTRICTIVE COVENANT MODIFICATION DOCUMENT. 1.
(A) IF ANY COVENANTS, CONDITIONS AND RESTRICTIONS EXIST IN A DOCUMENT TO
BE RECORDED WHICH DISCRIMINATE ON THE BASIS OF  RACE,  COLOR,  RELIGION,
SEX,  FAMILIAL  STATUS,  MARITAL  STATUS,  DISABILITY,  NATIONAL ORIGIN,
SOURCE OF INCOME, OR ANCESTRY THEN ANY TITLE  INSURANCE  COMPANY,  TITLE
ABSTRACT COMPANY OR ESCROW COMPANY, SHALL:
  (I) NOTIFY IN AT LEAST EIGHTEEN-POINT BOLDFACE TYPE ON A SEPARATE PAGE
WITHIN THE TITLE ABSTRACT REPORT TO THE PURCHASER/TITLE INSURANCE APPLI-
CANT,   THE   FOLLOWING   LANGUAGE:   "THIS  DOCUMENT  CONTAINS  ILLEGAL
RESTRICTIONS BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARI-
TAL STATUS, DISABILITY, NATIONAL ORIGIN, SOURCE OF INCOME, OR  ANCESTRY,
THAT  VIOLATE STATE AND FEDERAL HOUSING LAW." THE PURCHASER/TITLE INSUR-
ANCE APPLICANT OF REAL  PROPERTY  MAY  HAVE  SUCH  ILLEGAL  RESTRICTIONS
REMOVED  FROM SUCH DOCUMENT BY SUBMITTING A RESTRICTIVE COVENANT MODIFI-
CATION DOCUMENT, WHICH SHALL BE  AVAILABLE  FROM  THE  COUNTY  RECORDER,
EITHER WITH THE DEED FOR RECORDING, OR SEPARATELY;
  (II)  PROVIDE  THE  PURCHASER/TITLE INSURANCE APPLICANT WITH A LEGIBLE
COPY OF THE ILLEGAL LANGUAGE ON A SEPARATE PAGE IN  THE  TITLE  ABSTRACT
REPORT;
  (III)  PROVIDE  THE PURCHASER/TITLE INSURANCE APPLICANT WITH A COPY OF
THE APPROPRIATE RESTRICTIVE COVENANT MODIFICATION DOCUMENT PRIOR  TO  OR
AT THE CLOSING OF TITLE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06594-01-5

              

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