Bill > S2861

Introduced Session

This bill concerns the use of restrictive covenants in deeds for real property that would restrict the ownership or use of real property as prohibited by sections 4 and 11 of the "Law Against Discrimination," (LAD) P.L.1945, c.169 (C.10:5-4 and C.10:5-12). Section 4 of the LAD provides that: All persons shall have the opportunity to obtain employment, and to obtain all the accommodations, advantages, facilities, and privileges of any place of public accommodation, publicly assisted housing accommodation, and other real property without discrimination because of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, familial status, disability, liability for service in the Armed Forces of the United States, nationality, sex, gender identity or expression or source of lawful income used for rental or mortgage payments, subject only to conditions and limitations applicable alike to all persons. This opportunity is recognized as and declared to be a civil right. Subsection g. of section 11 of the LAD provides that it shall be an unlawful discrimination: g. For any person, including but not limited to, any owner, lessee, sublessee, assignee or managing agent of, or other person having the right of ownership or possession of or the right to sell, rent, lease, assign, or sublease any real property or part or portion thereof, or any agent or employee of any of these: (1) To refuse to sell, rent, lease, assign, or sublease or otherwise to deny to or withhold from any person or group of persons any real property or part or portion thereof because of race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, familial status, disability, liability for service in the Armed Forces of the United States, nationality, or source of lawful income used for rental or mortgage payments. This bill would require that a deed recorded on or after January 1, 2021 shall not contain a reference to the specific portion of a restrictive covenant purporting to restrict the ownership or use of real property as prohibited by the LAD. The bill also requires a county clerk or a register of deeds and mortgages to refuse to accept any deed submitted for recordation that references the specific portion of any such restrictive covenant. The bill also provides a property owner the opportunity to release such a restrictive covenant by recording a "Certificate of Release of Certain Prohibited Covenants" with the county clerk, or register of deeds and mortgages, as appropriate, in the county wherein the real property is located. The real property owner may record such a certificate prior to recordation of a deed conveying real property to a purchaser, or when a real property owner discovers that such a prohibited covenant exists and chooses to affirmatively release it. The provisions of this bill are based on a recently-enacted Virginia statute (Chapter 788, Laws of 2020, enacted April 6, 2020).

Committee Categories

Dawn Addiego (D)*,  Annette Quijano (D)*,  Troy Singleton (D)*,  Gordon Johnson (D), 

Approved P.L.2021, c.274. (on 11/08/2021)

Official Document