N.Y. General Obligations Law Section 5-331
Certain covenants and restrictions in conveyances and other agreements affecting real property void as against public policy

Any promise, covenant or restriction in a contract, mortgage, lease, deed or conveyance or in any other agreement affecting real property, heretofore or hereafter made or entered into, which limits, restrains, prohibits or otherwise provides against the sale, grant, gift, transfer, assignment, conveyance, ownership, lease, rental, use or occupancy of real property to or by any person because of race, creed, color, national origin, or ancestry, is hereby declared to be void as against public policy, wholly unenforceable, and shall not constitute a defense in any action, suit or proceeding. No such promise, covenant or restriction shall be listed as a valid provision affecting such property in public notices concerning such property. The invalidity of any such promise, covenant or restriction in any such instrument or agreement shall not affect the validity of any other provision therein, but no reverter shall occur, no possessory estate shall result, nor any right of entry or right to a penalty or forfeiture shall accrue by reason of the disregard of such promise, covenant or restriction. This section shall not apply to conveyances or devises to religious associations or corporations for religious purposes, but, such promise, covenant or restriction shall cease to be enforceable and shall otherwise become subject to the provisions of this section when the real property affected shall cease to be used for such purpose.

Source: Section 5-331 — Certain covenants and restrictions in conveyances and other agreements affecting real property void as against public policy, https://www.­nysenate.­gov/legislation/laws/GOB/5-331 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

5‑301
Certain employment contracts void 5‑311
Certain agreements between husband and wife void 5‑321
Agreements exempting lessors from liability for negligence void and unenforceable 5‑322
Agreements exempting caterers and catering establishments from liability for negligence void and unenforceable 5‑322.1
Agreements exempting owners and contractors from liability for negligence void and unenforceable 5‑322.2
Contents of certain construction contracts 5‑322.3
Payment bonds to be filed 5‑323
Agreements exempting building service or maintenance contractors from liability for negligence void and unenforceable 5‑324
Agreements by owners, contractors, subcontractors or suppliers to indemnify architects, engineers and surveyors from liability caused by ... 5‑325
Garages and parking places 5‑326
Agreements exempting pools, gymnasiums, places of public amusement or recreation and similar establishments from liability for negligence... 5‑327
Consumers’ right to recover attorney’s fees in actions arising out of consumer contracts 5‑328
Processing fee by holder of dishonored check 5‑331
Certain covenants and restrictions in conveyances and other agreements affecting real property void as against public policy 5‑332
Unsolicited and voluntarily sent merchandise deemed unconditional gift 5‑333
Validity of oil, gas or mineral land leases 5‑334
Option or right to acquire interest in property 5‑335
Limitation of reimbursement and subrogation claims in personal injury and wrongful death actions 5‑336
Nondisclosure agreements 5‑337
Agreements requiring contractees to waive their rights in relation to expressing certain opinions about contractors void and unenforceable
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Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 5-331’s source at nysenate​.gov

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