Discriminatory Restrictive Covenants
If enacted, SB286 would significantly alter the legal landscape regarding property ownership and title recording in New Mexico. It will amend existing statutes to ensure that any such restrictive language, which may violate a person's rights based on their identity, is not just obsolete but actively removed from property records. This will enhance inclusivity in property ownership and protect the rights of marginalized groups by ensuring that the legal language around property does not perpetuate discrimination. Furthermore, it will foster compliance with the Human Rights Act as it pertains to property transactions.
Senate Bill 286 (SB286), introduced by Senators Daniel A. Ivey-Soto and Gerald Ortiz y Pino, addresses the issue of discriminatory restrictive covenants in real property deeds and other instruments. The bill aims to prohibit the submission of deeds to the county clerk that contain any restrictive covenants or language that discriminates based on race, religion, or gender. Additionally, it declares such covenants void against public policy and requires their removal from relevant documents before they can be recorded. This legislation seeks to ensure that real property ownership and residency are not hindered by outdated and discriminatory practices.
Despite its supportive intent, SB286 may face contention regarding how it is enacted and enforced. Property owners, real estate developers, and title companies may express concerns about the practical implications of the bill, including the potential challenges faced in identifying and removing existing covenants from property records. Critics may argue about the process and the responsibilities placed on county clerks, title companies, and legal professionals to ensure compliance with the new regulations. Furthermore, there could be debates over the scope of what constitutes discriminatory language and the practical ramifications for existing property deeds.