Starting on June 3, 2026, NYS A1820A requires sellers of real estate to remove restrictive covenants that discriminate on the basis of race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income or ancestry. To do this, Real Property Law 327-a requires sellers of servient property (where the covenant has its effect) to submit "a restrictive covenant modification document" to the County Clerk and the purchaser at or prior to closing. A restrictive covenant is a private zoning agreement that (in this scenario) runs with the land.
Additionally, by June 3, 2027, Condos, Co-ops, and HOAs must "delete or amend any covenants, conditions and restrictions that exist in a recorded document which discriminate on the basis of race, color, religion, sex, sexual orientation, familial status, martial status, disability, national origin, source of income, or ancestry."
If discriminatory restrictions surface in a deal, our litigation team handles these cases. Contact Lieb at Law, P.C. for a case evaluation.
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