§ 327-A — Modification of restrictive covenants

* § 327-a. Modification of restrictive covenants. 1. (a) If any\ncovenants, conditions and restrictions exist in a document to be\nrecorded which discriminate on the basis of race, color, religion, sex,\nsexual orientation, familial status, marital status, disability,\nnational origin, source of income, or ancestry, any seller shall:\n (i) have such unlawful restrictions removed from such document by\nsubmitting a restrictive covenant modification document, which shall be\navailable from the county recorder, either with the deed for recording,\nor separately;\n (ii) provide the purchaser or title insurance applicant with a copy of\nthe appropriate restrictive covenant modification document prior to or\nat the closing of title; and\n (iii) record the restrictive covenant modification document, however,\nsuch seller shall not be required to pay filing fees for the recording\nof the restrictive covenant modification document.\n (b) Within one year of the effective date of this section, the board\nof managers of a condominium, the board of directors of a cooperative\napartment corporation or a homeowners association if such real property\nis subject to the rules and regulations of such an association, shall\ndelete or amend any covenants, conditions and restrictions that exist in\na recorded document which discriminate on the basis of race, color,\nreligion, sex, sexual orientation, familial status, marital status,\ndisability, national origin, source of income, or ancestry. Such\ndeletions or amendments shall not be subject to the approval of property\nowners.\n (c) This section shall not apply to any lawful restrictions under\nstate and federal law.\n 2. The restrictive covenant modification document shall be indexed in\nthe same manner as any previously recorded document or documents to\nwhich the modification document refers and shall reference the original\ndocument by book and page number or instrument number and the date of\nrecording.\n 3. Subject to covenants, conditions, and restrictions recorded after\nthe original document containing unlawful restrictions, and subject to\ncovenants, conditions and restrictions recorded after the restrictive\ncovenant modification document, the restrictive covenant modification,\nonce recorded, shall be deemed the only restrictions having effect on\nthe property.\n 4. Any person holding an ownership interest in real property that such\nperson believes is subject to an unlawfully restrictive covenant in\nviolation of state or federal law prohibiting restriction based on race,\ncolor, religion, sex, sexual orientation, familial status, marital\nstatus, disability, national origin, source of income, or ancestry may\nrecord a restrictive covenant modification document pursuant to\nsubdivision one of this section. Such recording shall include a complete\ncopy of the original document containing the unlawful language with the\nunlawful language stricken and shall be signed under penalty of law.\n 5. The county recorder shall make available to the public forms for\npreparation of a restrictive covenant modification document.\n 6. If the holder of an ownership interest in property causes to be\nrecorded a restrictive covenant modification document pursuant to this\nsection which contains language not authorized by this section, any\nliability which derives from such recording shall be the sole\nresponsibility of the holder of the ownership interest of record and the\ncounty recorder shall not incur any liability for recording such\ndocument.\n * NB Effective June 3, 2026\n