New York 2025-2026 Regular Session

New York Senate Bill S08760

Introduced
1/8/26  
Refer
1/8/26  
Engrossed
2/3/26  
Refer
2/3/26  
Engrossed
2/3/26  
Enrolled
2/13/26  
Chaptered
2/13/26  

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 proposed law is positioned to have significant implications for real estate practices in New York. By mandating the removal of discriminatory language from property documents before a sale occurs, the bill strengthens protections against discrimination in housing. This change is in line with state and federal laws that aim to uphold fair housing standards. The bill outlines procedures for the modification of such covenants, ensuring that sellers are responsible for addressing any unlawful restrictions prior to property transfers, thus encouraging compliance with anti-discrimination policies in the real estate market.

Summary

Bill S08760 aims to amend the real property law by requiring the modification of restrictive covenants before the sale of real property. Specifically, it addresses situations where existing covenants, conditions, and restrictions unlawfully discriminate against individuals based on various protected classes, including race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, or ancestry. This legislative effort seeks to ensure that such unlawful restrictions are cleared from property documents to promote equitable treatment in real estate transactions.

Contention

While S08760 seeks to enhance civil rights in real property dealings, the bill may raise concerns among property owners and real estate professionals regarding the feasibility and practicality of implementing such modifications. Stakeholders may debate the balance between protecting against discrimination and the administrative burden this legislation may impose on property transactions. Additionally, there may be discussions around the enforcement of the bill and whether it sufficiently addresses other nuances of property law while facilitating equitable ownership opportunities.

Companion Bills

NY A09499

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 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 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 AB1857

Unlawfully restrictive covenants: grocery stores and supermarkets.

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.

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.

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.