Declaring discriminatory restrictions in instruments that affect real property void and unenforceable and allowing an owner of real property to discharge and release such a discriminatory restriction. (FE)
Impact
The enactment of AB444 would significantly impact previous and existing real property laws by eliminating any covenants, conditions, or restrictions that are discriminatory in nature. This means that individuals belonging to protected classes will have more access to housing opportunities. Potentially, this could lead to a re-evaluation of historic property deeds that contain discriminatory language, effectively retroactively providing relief to property owners who have been impacted by such restrictions in the past.
Summary
Assembly Bill 444 aims to declare discriminatory restrictions in deeds and other instruments affecting real property as void and unforceable. These restrictions prohibit or restrict ownership, transfer, encumbrance, rental, occupancy, or use of real property based on membership in a protected class defined under open housing laws. The bill establishes that if any such discriminatory restrictions are found in a deed or instrument, they cannot be enforced, thereby promoting fair housing principles.
Contention
While the bill is expected to have a positive impact on housing equality, it may face resistance from property owners or associations who feel it undermines their property rights. Opponents might argue that the act of retroactively discharging discriminatory restrictions could destabilize property ordinances that have existed since their enactment, potentially leading to disputes among homeowners and affecting property values. Notably, the ability for aggrieved parties to seek injunctive relief and recover attorney fees adds another facet to the discourse surrounding the bill, as it brings legal implications for those drafting property instruments.
Providing that covenants, conditions or restrictions established between January 1, 1948, and December 31, 1958, that restrict the use of real property owned by state educational institutions for only single-family residence purposes and contain discriminatory provisions to restrict ownership or tenancy by race are against public policy and therefore void.
Providing that covenants, conditions or restrictions established between January 1, 1948, and December 31, 1958, that restrict the use of real property owned by state educational institutions for only single-family residence purposes and contain discriminatory provisions to restrict ownership or tenancy by race are against public policy and void.
Clarifies the standard for when a practice has a discriminatory effect; provides that an unlawful discriminatory practice may be established by such practice's discriminatory effect, even if such practice was not motivated by a discriminatory intent.
Clarifies the standard for when a practice has a discriminatory effect; provides that an unlawful discriminatory practice may be established by such practice's discriminatory effect, even if such practice was not motivated by a discriminatory intent.