Restrictive Covenants

RESTRICTIVE COVENANTS

Decades ago, deeds for homes in certain communities throughout Nassau County contained restrictive covenants which limited who could own the property. These covenants may have been discriminatory based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income or ancestry. Restrictive covenants were deemed unconstitutional and the Fair Housing Act of 1968 rendered them unenforceable. However, some of this language has carried over in property deeds over the years.

Homeowners whose current property deed still contains restrictive covenants may file a new deed with the County Clerk to remove them. The homeowner is responsible to have the new deed prepared and present it for filing, along with the statutory RP-5217 and TP-584 forms as required by New York State. The County portion of the fees to record the new deed are waived. However, the state portion of the fees are still in effect. On average the cost to file this new deed would be approximately $200.

For further information please contact the Nassau County Clerk’s Office at 516-571-2664.