Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1762 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 4097 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1762
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Russell E. Holmes
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act for the removal of void restrictive covenants.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Russell E. Holmes6th Suffolk1/17/2025 1 of 4
16	16	HOUSE DOCKET, NO. 4097 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1762
18	18	By Representative Holmes of Boston, a petition (accompanied by bill, House, No. 1762) of
19	19	Russell E. Holmes relative to the removal of void restrictive covenants. The Judiciary.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Fourth General Court
23	23	(2025-2026)
24	24	_______________
25	25	An Act for the removal of void restrictive covenants.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 114 of chapter 185 of the General Laws, as appearing in the 2022
29	29	2Official Edition, is hereby amended by striking out, in line 1, the word “No” and inserting in
30	30	3place thereof the following words:- (a) No.
31	31	4 SECTION 2. Said Section 114 of said chapter 185, as so appearing, is hereby further
32	32	5amended by inserting after the word “court”, in line 4, the following words:- or as otherwise
33	33	6permitted pursuant to subsection (c).
34	34	7 SECTION 3. Said Section 114 of said chapter 185, as so appearing, is hereby further
35	35	8amended by adding the following 3 subsections:-
36	36	9 (b) When a new original or transfer certificate is being issued by a registry district, the
37	37	10districts shall review all restrictions, including, but not limited to, all restrictive covenants,
38	38	11conditions, limitations and rights of entry or reverter, set forth expressly on the face of the
39	39	12certificate of title to determine whether any such restriction violates section 23B of chapter 184; 2 of 4
40	40	13provided, however, that a restriction is set forth expressly when the words of the restriction are
41	41	14verbatim included in the text of the certificate of title.
42	42	15 (c) If, pursuant to subsection (b), a district identifies a restriction made void by section
43	43	1623B of chapter 184, the district shall take action pursuant to this subsection to ensure that the
44	44	17prohibited restriction is not carried forward.
45	45	18 (1) If the restrictions consist expressly, solely and unambiguously of terms made void by
46	46	19said section 23B of said chapter 184, then, without the necessity of a proceeding under
47	47	20subsection (a), the district shall, without order of or any further approval from the court and
48	48	21without notice to any parties, as a matter of public policy: (A) prepare a new certificate or
49	49	22memorandum without inclusion of the language prohibited and made void by said section 23B of
50	50	23said chapter 184; and (ii) include a memorandum upon the certificate of title containing a
51	51	24declaration citing the restrictive language and repudiating the offending clause for the purposes
52	52	25of educating, engaging and asserting that such racially motivated housing policies are a part of
53	53	26our past and that the commonwealth has created an affirmative response for residents to
54	54	27acknowledge the history of the property they own in an effort to prevent repeating discriminatory
55	55	28practices of the past and a commitment to remedy its consequences.
56	56	29 (2) If the restrictions made void by said section 23B of said chapter 184 are combined
57	57	30with an allowed restriction or are not unambiguously made void in their entirety by said section
58	58	3123B of said chapter 184 or if the district becomes aware of documents referenced in the
59	59	32certificate, including in its memorandum of encumbrances by document number, recording
60	60	33reference or otherwise, the district shall file a complaint under section 10C of chapter 240
61	61	34seeking authority to amend the certificate or other appropriate order from the court. 3 of 4
62	62	35 (d) Annually, not later than June 1 , each registry district shall submit the number of
63	63	36certificates amended pursuant to this section to the office of fair housing established in section
64	64	3731 of chapter 23B for inclusion in its annual report pursuant to paragraph (2) of subsection (c) of
65	65	38said section 31 of said chapter 23B.
66	66	39 SECTION 4. Section 10C of chapter 240 of the General Laws, as so appearing, is hereby
67	67	40amended by striking out, in line 1, the word “Any” and inserting in place thereof the following
68	68	41words:- (a) Any.
69	69	42 SECTION 5. Said section 10C of said chapter 240, as so appearing, is hereby further
70	70	43amended by adding the following 2 subsections:-
71	71	44 (b) Pursuant to clause (k) of the first paragraph of section 1 of chapter 185 and section
72	72	45114 of said chapter 185, an owner of land, the recorder, a register of deeds, including, but not
73	73	46limited to, a register of deeds acting as assistant recorder of the land court, or other person
74	74	47having an interest in said land may file a complaint with the land court, at no cost, requesting a
75	75	48declaration that an instrument or document in the chain of title of said land contains a provision
76	76	49that violates section 23B of chapter 184 and such provision is void.
77	77	50 (c) The land court may hear and determine a complaint filed under subsection (b) and,
78	78	51after notice to any person adversely affected, as the court shall in its discretion determine, may
79	79	52order the entry of a declaratory judgment, an amended certificate of title removing the prohibited
80	80	53language, the entry or cancellation of a memorandum upon a certificate of title containing a
81	81	54declaration citing the restrictive language and repudiating the offending clause, or any other
82	82	55relief upon such terms as the court may consider proper and, upon judgment thereof, determine 4 of 4
83	83	56that the land is free of such restriction; provided, however, that the new certificate shall be in rem
84	84	57and operate directly upon the subject land and be binding upon all persons.