N.Y. Real Property Law § 327-a: Modification of restrictive covenants

§ 327-a. Modification of restrictive covenants. 1. As used in this

section, the following terms shall have the following meanings:

(a) "Protected class" shall mean any class or category of persons

protected from unlawful discriminatory practices under subdivision five

of section two hundred ninety-six of the executive law.

(b) "Unlawful restrictions" shall mean any covenants, conditions, or

restrictions that unlawfully discriminate on the basis of a protected

class in violation of state or federal law.

2. If any unlawful restrictions exist in a document to be recorded,

any seller shall:

(a) have such unlawful restrictions removed from such document by

submitting a restrictive covenant modification document, which shall be

available from the county recorder, either with the deed for recording,

or separately;

(b) provide the purchaser or title insurance applicant with a copy of

the appropriate restrictive covenant modification document prior to or

at the closing of title; and

(c) record the restrictive covenant modification document, however,

such seller shall not be required to pay filing fees for the recording

of the restrictive covenant modification document.

3. Within one year of the effective date of this section, the board of

managers of a condominium, the board of directors of a cooperative

apartment corporation or a homeowners association if such real property

is subject to the rules and regulations of such an association, shall

delete or amend any unlawful restrictions that exist in a recorded

document. Such deletions or amendments shall not be subject to the

approval of property owners.

4. The restrictive covenant modification document that shall be made

available from the county recorder pursuant to subdivision six of this

section shall be indexed in the same manner as any previously recorded

document or documents to which the modification document refers and

shall reference the original document by book and page number or

instrument number and the date of recording.

5. Any person holding an ownership interest in real property that such

person believes is subject to an unlawful restriction may record a

restrictive covenant modification document pursuant to subdivision two

of this section. Such recording shall include a complete copy of the

original document containing the unlawful restriction with the unlawful

restriction stricken and shall be signed under penalty of law.

6. The county recorder shall make available to the public forms for

preparation of a restrictive covenant modification document.

7. If the holder of an ownership interest in property causes to be

recorded a restrictive covenant modification document pursuant to this

section which contains language not authorized by this section, any

liability which derives from such recording shall be the sole

responsibility of the holder of the ownership interest of record and the

county recorder shall not incur any liability for recording such

document.

8. This section shall not apply to any lawful covenants, conditions,

or restrictions under state or federal law.