NY
New York Assembly Bill A09499
New York 2025-2026 Regular Session
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New York 2025-2026 Regular Session

New York Assembly Bill A09499

Introduced
1/7/26  
Refer
1/7/26  
Report Pass
1/28/26  
Refer
1/28/26  

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 a protected class in violation of state or federal law.

Impact

The passage of A09499 would significantly impact state property laws by formalizing the requirement to remove discriminatory language from property documents before sales can occur. This change would create a legal obligation for property sellers to provide buyers with documentation proving that any illegal restrictions have been amended. Additionally, homeowners associations and condominium boards have a clear mandate to review and amend any existing constraints that do not comply with anti-discrimination laws, thereby promoting a more fair housing market.

Summary

Bill A09499 addresses the issue of restrictive covenants that have historically existed in property documents and have discriminated against protected classes as defined under state and federal laws. The bill mandates that prior to the sale of real property, any such unlawful restrictions must be modified. This aims to enhance housing equity and ensure that properties are not sold under conditions that violate civil rights laws. The modification process is designed to streamline the elimination of discriminatory clauses from property documentation.

Contention

While the bill appears to have the potential for broad support given its focus on civil rights, discussions may arise regarding the implications for property owners and associations, particularly regarding compliance costs and the process of amending existing documents. Critics may argue about the operational challenge and liability concerns that could arise from the bill's requirements, potentially leading to contention over unfunded mandates on community organizations. Observers will need to pay attention to how the bill will be implemented and whether the law will effectively streamline the process of modifying these covenants without imposing undue burdens.

Companion Bills

NY S08760

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 a protected class in violation of state or federal law.

Previously Filed As

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 A01820

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 HB114

Ban Discriminatory Restrictive Covenants

NY SB2481

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

NY SB513

Real Property - Unlawfully Restrictive Covenant Modifications - County or Municipality Notice Requirements

NY AB1050

Unlawfully restrictive covenants: housing developments.

NY S08718

Provides that a homeowners' association may include in its declaration, bylaws, or recorded covenants and restrictions a provision expressly prohibiting the use of a no-impact home-based business; provides that any such provision shall be approved by at least ninety percent of the total eligible voters of the homeowner's association; provides that any declaration, bylaws, or recorded covenants and restrictions prohibiting such use shall also include a provision stating that such prohibition may be eliminated by a simple majority vote.

NY A10910

Provides that a homeowners' association may include in its declaration, bylaws, or recorded covenants and restrictions a provision expressly prohibiting the use of a no-impact home-based business; provides that any such provision shall be approved by at least ninety percent of the total eligible voters of the homeowner's association; provides that any declaration, bylaws, or recorded covenants and restrictions prohibiting such use shall also include a provision stating that such prohibition may be eliminated by a simple majority vote.

NY AB1857

Unlawfully restrictive covenants: grocery stores and supermarkets.

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 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.

OK HB2171

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

OK HB2171

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