N.Y. Real Property Law Section 327-A
Modification of restrictive covenants

1.

(a) If any covenants, conditions and restrictions exist in a document to be recorded which discriminate on the basis of race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, or ancestry, any seller shall:

(i)

have such unlawful restrictions removed from such document by submitting a restrictive covenant modification document, which shall be available from the county recorder, either with the deed for recording, or separately;

(ii)

provide the purchaser or title insurance applicant with a copy of the appropriate restrictive covenant modification document prior to or at the closing of title; and

(iii)

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.

(b)

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 covenants, conditions and restrictions that exist in a recorded document which discriminate on the basis of race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, or ancestry. Such deletions or amendments shall not be subject to the approval of property owners.

(c)

This section shall not apply to any lawful restrictions under state and federal law.

2.

The restrictive covenant modification document 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.

3.

Subject to covenants, conditions, and restrictions recorded after the original document containing unlawful restrictions, and subject to covenants, conditions and restrictions recorded after the restrictive covenant modification document, the restrictive covenant modification, once recorded, shall be deemed the only restrictions having effect on the property.

4.

Any person holding an ownership interest in real property that such person believes is subject to an unlawfully restrictive covenant in violation of state or federal law prohibiting restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, or ancestry may record a restrictive covenant modification document pursuant to subdivision one of this section. Such recording shall include a complete copy of the original document containing the unlawful language with the unlawful language stricken and shall be signed under penalty of law.

5.

The county recorder shall make available to the public forms for preparation of a restrictive covenant modification document.

6.

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. * NB Effective June 3, 2026

Source: Section 327-A — Modification of restrictive covenants, https://www.­nysenate.­gov/legislation/laws/RPP/327-A (updated Dec. 12, 2025; accessed Dec. 13, 2025).

290
Definitions 291
Recording of conveyances 291–A
Recording conveyances of land in towns in Chautauqua county 291–B
Recording conveyances of land in towns in Cattaraugus county 291–C
Recording memoranda of leases 291–CC
Recording modifications of leases 291–D
Recording of master forms of mortgage covenants and clauses 291–E
Exceptions, reservations and recitals referring to unrecorded conveyances and contracts for sale of real property 291–F
Rights where recorded mortgage restricts landlord’s action in respect to leases 291–G
Recording insurance information 291–H
Recording of liens by the state 291–I
Validity of electronic recording 291–J
Recording of declarations by the New York state energy research and development authority 292
By whom conveyance must be acknowledged or proved 292–A
Conveyances by certain corporations executed and acknowledged by attorneys in fact entitled to recordation 293
Recording of conveyances heretofore acknowledged or proved 294
Recording executory contracts and powers of attorney 294–A
Recording assignments of rent 294–B
Recording brokers affidavit of entitlement to commission for completed brokerage services 295
Recording of letters patent 296
Recording copies of instruments which are in secretary of state’s office 297
Certified copies may be recorded 297–A
Recording of certified copies of bankruptcy papers 297–B
Recording of certified copies of judgments affecting real property 298
Acknowledgments and proofs within the state 299
Acknowledgments and proofs without the state, but within the United States or any territory, possession, or dependency thereof 299–A
Acknowledgment to conform to law of New York or of place where taken 300
Acknowledgments and proofs by persons in or with the armed forces of the United States 301
Acknowledgments and proofs in foreign countries 301–A
Acknowledgment to conform to law of New York or of foreign country 302
Acknowledgments and proofs by married women 303
Requisites of acknowledgments 304
Proof by subscribing witness 305
Compelling witnesses to testify 306
Certificate of acknowledgment or proof 307
When certificate to state time and place 308
When certificate must be under seal 309
Acknowledgment by corporation and form of certificate 309–A
Uniform forms of certificates of acknowledgment or proof within this state 309–B
Uniform forms of certificates of acknowledgement or proof without this state 310
Authentication of acknowledgments and proofs made within the state 311
Authentication of acknowledgments and proofs made without the state 312
Contents of certificate of authentication 313
Notary public 313–A
Deputies 314
Recording of conveyances acknowledged or proved without the state, when parties and certifying officer are dead 314–A
Proof when witnesses are dead 315
Recording books 316
Indexes 316–A
Indexing and reindexing conveyances, mortgages and other instruments 316–B
Inactive hazardous waste disposal site registry index 317
Order of recording 318
Certificate to be recorded 319
Time of recording 320
Certain deeds deemed mortgages 321
Recording discharge of mortgage 321–A
Recording discharge of rent assignment 324
Effect of recording assignment of mortgage 325
Recording of conveyances made by treasurer of Connecticut 326
Revocation to be recorded 327
Penalty for using long forms of covenants 327–A
Modification of restrictive covenants 328
Certain acts not affected 329
Actions to have certain instruments canceled of record 329–A
Lapse of oil and gas interest within Allegany state park 330
Officers guilty of malfeasance liable for damages 331
Laws and decrees of foreign countries appointing agents and attorneys and recording of the same 332
The record of certain conveyances validated 332–A
Validation of the record, execution and proof or acknowledgment of certain other instruments 332–B
The record of certain other conveyances validated 333
When conveyances of real property not to be recorded 333–A
Same 333–B
Recording of maps or plot plans 333–C
Lands in agricultural districts 334
Maps to be filed 334–A
Filing of subdivision maps in Nassau county 335
Filing of maps and abandonment of subdivisions in Suffolk county 335–A
Easements of necessity 335–B
Recording of solar energy easements 336
Effect of recording demands or requirements of noncitizen property custodian
Green check means up to date. Up to date

Verified:
Dec. 13, 2025

Last modified:
Dec. 12, 2025

§ 327-A. Modification of restrictive covenants's source at nysenate​.gov

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