Bill > H1762

This bill aims to address and remove racially restrictive covenants from property records in Massachusetts by creating a comprehensive process for identifying and eliminating discriminatory language in property titles. The legislation requires registry districts to review certificates of title for restrictions that violate existing anti-discrimination laws, specifically section 23B of chapter 184, which prohibits racially discriminatory housing restrictions. When such void restrictions are found, registry districts must take action: if the restrictive language is unambiguously discriminatory, they can prepare a new certificate without the offensive language and include a memorandum explaining the historical context and the commonwealth's commitment to preventing discriminatory practices. In more complex cases where restrictions are mixed or unclear, the registry must file a court complaint seeking guidance. The bill also allows property owners, registers of deeds, and other interested parties to file complaints with the land court at no cost to request the removal of discriminatory language, with the court empowered to issue declaratory judgments and amend property titles. Additionally, each registry district must annually report the number of certificates amended under this process to the office of fair housing, creating transparency and tracking the ongoing effort to eliminate racist housing restrictions.

Justice

https://malegislature.gov/Bills/194/H1762