Connecticut 2022 Regular Session

Connecticut House Bill HB05462 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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4	4	LCO No. 2979 1 of 3
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6	6	General Assembly Raised Bill No. 5462
7	7	February Session, 2022
8	8	LCO No. 2979
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10	10
11	11	Referred to Committee on JUDICIARY
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13	13
14	14	Introduced by:
15	15	(JUD)
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20	20	AN ACT CONCERNING THE REMOVAL OF RESTRICTIVE
21	21	COVENANTS IN INSTRUMENTS AFFECTING TITLE TO REAL
22	22	PROPERTY.
23	23	Be it enacted by the Senate and House of Representatives in General
24	24	Assembly convened:
25	25
26	26	Section 1. Section 47-12b of the 2022 supplement to the general 1
27	27	statutes is repealed and the following is substituted in lieu thereof 2
28	28	(Effective October 1, 2022): 3
29	29	(a) For purposes of this section, "unlawful restrictive covenant" 4
30	30	means a covenant or other provision in an instrument affecting the title 5
31	31	to real property that purports to restrict ownership or occupancy of such 6
32	32	real property on the basis of race, creed, color, national origin, ancestry, 7
33	33	sex, gender identity or expression, marital status, age, lawful source of 8
34	34	income, familial status or status as a veteran. 9
35	35	(b) Any unlawful restrictive covenant contained in any instrument 10
36	36	affecting title to real property that is recorded in the land records of any 11
37	37	municipality shall be void. If an unlawful restrictive covenant is 12
38	38	contained in any instrument affecting title to real property that also 13
39	39	contains any other covenant or provision that is not an unlawful 14 Raised Bill No. 5462
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41	41
42	42
43	43	LCO No. 2979 2 of 3
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45	45	restrictive covenant, the validity and enforceability of the remaining 15
46	46	covenants or provisions, as well as the validity of the recorded 16
47	47	instrument itself, shall not be affected by the voiding of the unlawful 17
48	48	restrictive covenant. 18
49	49	(c) Any owner of real property who identifies an unlawful restrictive 19
50	50	covenant in an instrument recorded on the land records that relates to 20
51	51	real property owned by such person may file either an affidavit 21
52	52	pursuant to section 47-12a or a form described in subsection (f) of this 22
53	53	section, with the town clerk in the municipality where the real property 23
54	54	is located, identifying the existence of such unlawful restrictive 24
55	55	covenant. Such affidavit or form shall (1) be in the form required by 25
56	56	section 47-12a; (2) identify the volume and page of the land records for 26
57	57	the instrument or instruments that contain the unlawful restrictive 27
58	58	covenant; and (3) state that the affidavit or form is being filed to carry 28
59	59	out the provisions of this section. Failure to file such affidavit or form 29
60	60	shall not otherwise affect the invalidity of the unlawful restrictive 30
61	61	covenant under this section. The town clerk shall record such affidavit 31
62	62	or form, and, to the extent practicable, notate the indices to the land 32
63	63	records accordingly to reflect the invalidity of the unlawful restrictive 33
64	64	covenant. No town clerk may assess any recording fee for the filing of 34
65	65	such affidavit or form. 35
66	66	(d) A reference in any recorded instrument affecting title to real 36
67	67	property, or in any other document, including, but not limited to, a 37
68	68	report, opinion, contract or insurance policy, to covenants, conditions, 38
69	69	restrictions or provisions contained in an instrument previously 39
70	70	recorded in the land records, shall not constitute a revival, reinstatement 40
71	71	or republication of an unlawful restrictive covenant. Any affidavit or 41
72	72	other form recorded in connection with this section is not an 42
73	73	encumbrance on the real property. 43
74	74	(e) If a person causes an affidavit or a form to be recorded under 44
75	75	subsection (c) of this section that is not in fact authorized by this section, 45
76	76	the town clerk and the municipality shall not be liable for any damages 46
77	77	resulting from the recording of the affidavit or form pursuant to this 47 Raised Bill No. 5462
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79	79
80	80
81	81	LCO No. 2979 3 of 3
82	82
83	83	section. Any liability that may result by a recording that is not 48
84	84	authorized in fact by subsection (c) of this section shall be the sole 49
85	85	responsibility of the person who caused the affidavit or form to be 50
86	86	recorded. 51
87	87	(f) Not later than December 1, 2021, the Office of Policy and 52
88	88	Management shall develop a standardized form with respect to race for 53
89	89	the purposes of subsection (c) of this section. Not later than December 54
90	90	1, 2022, the Office of Policy and Management shall revise the 55
91	91	standardized form with respect to creed, color, national origin, ancestry, 56
92	92	sex, gender identity or expression, marital status, age, lawful source of 57
93	93	income, familial status or status as a veteran for the purposes of 58
94	94	subsection (c) of this section. The town clerk in each municipality shall 59
95	95	(1) make such form available on the Internet web site of the municipality 60
96	96	and in the area of the town clerk's office where land records are kept, 61
97	97	and (2) post a notice informing the public of the provisions of this 62
98	98	section in the area of the town clerk's office where land records are kept. 63
99	99	This act shall take effect as follows and shall amend the following
100	100	sections:
101	101
102	102	Section 1 October 1, 2022 47-12b
103	103
104	104	Statement of Purpose:
105	105	To extend restrictive covenant prohibitions to restrictions based on
106	106	creed, color, national origin, ancestry, sex, gender identity or expression,
107	107	marital status, age, lawful source of income, familial status or status as
108	108	a veteran.
109	109	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
110	110	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
111	111	underlined.]
112	112