NOTICE: Unlawful Restrictive Covenants
Public Act 2021, No. 21-173 (the “Act”) defines an Unlawful Restrictive
Covenant as “a covenant or other provision in an instrument affecting the title
to real property that purports to restrict ownership or occupancy of such real
property on the basis of race.” The Act declares Unlawful Restrictive Covenants
to be VOID.
July 1, 2021: PA 21-173 Section 1 (c) Any owner of real property who
identifies an unlawful restrictive covenant in an instrument recorded on the
land records that relates to real property owned by such person may file either
an affidavit pursuant to section 47-12a of the general statutes, as amended by
this act, or a form described in subsection (f) of this section, with the town
clerk in the municipality where the real property is located, identifying the
existence of such unlawful restrictive covenant. There is no fee to file the
completed form or affidavit with the Town Clerk.
These are legal documents. It is advised
you contact an attorney to assist in the completion of the “Affidavit”
or “Identification and Renunciation of a Void and Unlawful Restrictive Form.” Town Clerk staff are not attorneys and cannot
assist in the completion of these forms.
The Secretary of the State office has advised Town Clerks not to notarize
documents that will be filed on the Land Records in their own town. There is a notary in the Building Department,
a notary at the library and your bank may also have a notary.
Documents and Forms:
PA 21-173 An Act
Concerning the Removal of Restrictions on Ownership or Occupancy of Real
Property Based on Race and Elimination of the Race Designation on Marriage
Affidavit to Identify a
Void Racially Restrictive Covenant
Renunciation of a Void and Unlawful Restrictive Covenant Form
There is no fee to file one of these forms on the Durham Land Records.