New York 2025-2026 Regular Session

New York Assembly Bill A01820

Introduced
1/14/25  
Refer
1/14/25  
Report Pass
3/18/25  
Engrossed
4/2/25  
Refer
4/2/25  
Engrossed
6/11/25  
Enrolled
12/1/25  
Chaptered
12/5/25  

Caption

Requires the modification of restrictive covenants prior to the sale of real property when covenants, conditions and restrictions exist which discriminate on the basis of race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income or ancestry.

Summary

Bill A01820 aims to amend the real property law in New York by requiring the modification of restrictive covenants that discriminate against individuals based on various protected characteristics, including race, religion, sex, and disability, prior to the sale of real property. The bill mandates that sellers remove any unlawful restrictions from recorded documents and provides a process for them to submit a restrictive covenant modification document to the county recorder. Additionally, it requires that homeowners associations and condominium boards amend or delete discriminatory covenants within a year of the bill's effective date, without needing approval from property owners.

Impact

If enacted, this bill will significantly alter the landscape of real estate transactions in New York by ensuring that discriminatory language in property covenants is eliminated. It will facilitate a more equitable housing market by preventing the perpetuation of historical injustices tied to property ownership and access. The bill also establishes a clear process for property owners to modify existing covenants, thereby reinforcing compliance with state and federal anti-discrimination laws.

Sentiment

The sentiment surrounding Bill A01820 appears to be largely favorable, as evidenced by its passage through the Assembly Judiciary Committee with a vote of 16-5 and a subsequent final passage in the Assembly with 100 votes in favor and 48 against. The Senate also passed the bill with a vote of 47-12. This indicates strong support among legislators for addressing discriminatory practices in real estate.

Contention

Notable points of contention include concerns from some legislators about the implications of requiring homeowners associations and condominium boards to amend existing covenants without property owner approval. Critics argue that this could undermine property rights and the autonomy of associations. However, supporters emphasize the importance of dismantling discriminatory practices and promoting fair housing.

Companion Bills

NY S03178

Same As Requires the modification of restrictive covenants prior to the sale of real property when covenants, conditions and restrictions exist which discriminate on the basis of race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income or ancestry.

Previously Filed As

NY S01728

Requires the modification of restrictive covenants prior to the sale of real property when covenants, conditions and restrictions exist which discriminate on the basis of race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income or ancestry.

NY S03178

Requires the modification of restrictive covenants prior to the sale of real property when covenants, conditions and restrictions exist which discriminate on the basis of race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income or ancestry.

NY S08760

Requires the modification of restrictive covenants prior to the sale of real property when covenants, conditions and restrictions exist which discriminate on the basis of a protected class in violation of state or federal law.

NY A09499

Requires the modification of restrictive covenants prior to the sale of real property when covenants, conditions and restrictions exist which discriminate on the basis of a protected class in violation of state or federal law.

NY SJR98

Equality of rights on the basis of sex, gender identity, race, color, sexual orientation, disability, religion, national origin, marital status, family status, age, ancestry, or any other immutable characteristic and creating a private cause of action for violations of those rights by state actors (first consideration).

NY AJR108

Equality of rights on the basis of sex, gender identity, race, color, sexual orientation, disability, religion, national origin, marital status, family status, age, ancestry, or any other immutable characteristic and creating a private cause of action for violations of those rights by state actors (first consideration).

NY HB114

Ban Discriminatory Restrictive Covenants

NY SB2481

Residential subdivisions; authorize property owners to establish and/or amend covenants, conditions and restrictions.

NY SB5723

Concerning covenants, conditions, and restrictions of an airpark.

NY A00317

Prohibits peremptory challenges of prospective jurors based on race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability, or sexual orientation.

Similar Bills

CA AB1857

Unlawfully restrictive covenants: grocery stores and supermarkets.

CA AB1385

An act to amend Section 714.

CA AB1050

Unlawfully restrictive covenants: housing developments.

NY A09499

Requires the modification of restrictive covenants prior to the sale of real property when covenants, conditions and restrictions exist which discriminate on the basis of a protected class in violation of state or federal law.

NY S08760

Requires the modification of restrictive covenants prior to the sale of real property when covenants, conditions and restrictions exist which discriminate on the basis of a protected class in violation of state or federal law.

WV SB146

Uniform Unlawful Restriction in Land Records Act

WV SB38

Uniform Unlawful Restriction in Land Records Act

OK HB2171

Unlawful land restriction; creating the Uniform Unlawful Restrictions in Land Records Act; amendment; county clerk duties and liability; effective date.