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New York · Through 2026-09-11

N.Y. General Obligations Law § 5-331: Certain covenants and restrictions in conveyances and other agreements affecting real property void as against public policy

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Where this section sits in the code
  1. General Obligations Law
  2. Article 5. Creation, Definition and Enforcement of Contractual Obligations
  3. Title 3. Certain Prohibited Contracts and Provisions of Contracts

§ 5-331. 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 sale, grant, gift, transfer, assignment,

conveyance, ownership, lease, rental, use or occupancy of real property

to or by any person because of race, creed, color, national origin, or

ancestry, is hereby declared to be void as against public policy, wholly

unenforceable, and shall not constitute a defense in any action, suit or

proceeding. 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. This section shall not apply to

conveyances or devises to religious associations or corporations for

religious purposes, but, such promise, covenant or restriction shall

cease to be enforceable and shall otherwise become subject to the

provisions of this section when the real property affected shall cease

to be used for such purpose.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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