§ 327-A SECTION 327-A Modification of restrictive covenants
RPL § 327-A · effective 2026-06-03
§ 327-a. Modification of restrictive covenants.
1.As used in this section, the following terms shall have the following meanings:
(a)"Protected class" shall mean any class or category of persons protected from unlawful discriminatory practices under subdivision five of section two hundred ninety-six of the executive law.
(b)"Unlawful restrictions" shall mean any covenants, conditions, or restrictions that unlawfully discriminate on the basis of a protected class in violation of state or federal law.
2.If any unlawful restrictions exist in a document to be recorded, any seller shall:
(c)record the restrictive covenant modification document, however, such seller shall not be required to pay filing fees for the recording of the restrictive covenant modification document.
3.Within one year of the effective date of this section, the board of managers of a condominium, the board of directors of a cooperative apartment corporation or a homeowners association if such real property is subject to the rules and regulations of such an association, shall delete or amend any unlawful restrictions that exist in a recorded document. Such deletions or amendments shall not be subject to the approval of property owners.
4.The restrictive covenant modification document that shall be made available from the county recorder pursuant to subdivision six of this section shall be indexed in the same manner as any previously recorded document or documents to which the modification document refers and shall reference the original document by book and page number or instrument number and the date of recording.
5.Any person holding an ownership interest in real property that such person believes is subject to an unlawful restriction may record a restrictive covenant modification document pursuant to subdivision two of this section. Such recording shall include a complete copy of the original document containing the unlawful restriction with the unlawful restriction stricken and shall be signed under penalty of law.
6.The county recorder shall make available to the public forms for preparation of a restrictive covenant modification document.
7.If the holder of an ownership interest in property causes to be recorded a restrictive covenant modification document pursuant to this section which contains language not authorized by this section, any liability which derives from such recording shall be the sole responsibility of the holder of the ownership interest of record and the county recorder shall not incur any liability for recording such document.
8.This section shall not apply to any lawful covenants, conditions, or restrictions under state or federal law.
