Legislation
SECTION 5-331
Certain covenants and restrictions in conveyances and other agreements affecting real property void as against public policy
General Obligations (GOB) CHAPTER 24-A, ARTICLE 5, TITLE 3
§ 5-331. Certain covenants and restrictions in conveyances and other
agreements affecting real property void as against public policy. Any
promise, covenant or restriction in a contract, mortgage, lease, deed or
conveyance or in any other agreement affecting real property, heretofore
or hereafter made or entered into, which limits, restrains, prohibits or
otherwise provides against the sale, grant, gift, transfer, assignment,
conveyance, ownership, lease, rental, use or occupancy of real property
to or by any person because of race, creed, color, national origin, or
ancestry, is hereby declared to be void as against public policy, wholly
unenforceable, and shall not constitute a defense in any action, suit or
proceeding. No such promise, covenant or restriction shall be listed as
a valid provision affecting such property in public notices concerning
such property. The invalidity of any such promise, covenant or
restriction in any such instrument or agreement shall not affect the
validity of any other provision therein, but no reverter shall occur, no
possessory estate shall result, nor any right of entry or right to a
penalty or forfeiture shall accrue by reason of the disregard of such
promise, covenant or restriction. This section shall not apply to
conveyances or devises to religious associations or corporations for
religious purposes, but, such promise, covenant or restriction shall
cease to be enforceable and shall otherwise become subject to the
provisions of this section when the real property affected shall cease
to be used for such purpose.
agreements affecting real property void as against public policy. Any
promise, covenant or restriction in a contract, mortgage, lease, deed or
conveyance or in any other agreement affecting real property, heretofore
or hereafter made or entered into, which limits, restrains, prohibits or
otherwise provides against the sale, grant, gift, transfer, assignment,
conveyance, ownership, lease, rental, use or occupancy of real property
to or by any person because of race, creed, color, national origin, or
ancestry, is hereby declared to be void as against public policy, wholly
unenforceable, and shall not constitute a defense in any action, suit or
proceeding. No such promise, covenant or restriction shall be listed as
a valid provision affecting such property in public notices concerning
such property. The invalidity of any such promise, covenant or
restriction in any such instrument or agreement shall not affect the
validity of any other provision therein, but no reverter shall occur, no
possessory estate shall result, nor any right of entry or right to a
penalty or forfeiture shall accrue by reason of the disregard of such
promise, covenant or restriction. This section shall not apply to
conveyances or devises to religious associations or corporations for
religious purposes, but, such promise, covenant or restriction shall
cease to be enforceable and shall otherwise become subject to the
provisions of this section when the real property affected shall cease
to be used for such purpose.