Bill > HB114

This bill addresses discriminatory restrictive covenants in real property by prohibiting the recording of deeds or other legal documents that contain language intended to restrict property ownership, residency, or use based on characteristics protected by the Human Rights Act, such as race, religion, national origin, sex, sexual orientation, gender identity, pregnancy, disability, or military status. The bill declares such discriminatory covenants void as against public policy and requires that when preparing documents for recording with a county clerk, title companies, attorneys, and other professionals must remove any discriminatory language. County clerks are empowered to reject documents containing such restrictive language, and the bill suggests a standard disclaimer that can be used to clarify the state's non-discrimination policy. Additionally, the bill prohibits the use of gender-specific language when referring to property owners and allows property owners with an ownership or financial interest to re-record their deed to remove discriminatory language. By enacting these provisions, the bill aims to eliminate historical discriminatory practices in real estate transactions and promote equal access to property ownership and use.

Government Affairs

https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=114&year=25