Connecticut § 47-12b - Unlawful restrictive covenants void. Affidavit or form re unlawful restrictive covenants.

§ 47-12b. Unlawful restrictive covenants void. Affidavit or form re unlawful restrictive covenants.

Sec. 47-12b. Unlawful restrictive covenants void. Affidavit or form re unlawful restrictive covenants. (a) For purposes of this section, “unlawful restrictive covenant” means 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.

(b) Any unlawful restrictive covenant contained in any instrument affecting title to real property that is recorded in the land records of any municipality shall be void. If an unlawful restrictive covenant is contained in any instrument affecting title to real property that also contains any other covenant or provision that is not an unlawful restrictive covenant, the validity and enforceability of the remaining covenants or provisions, as well as the validity of the recorded instrument itself, shall not be affected by the voiding of the unlawful restrictive covenant.

(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 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. Such affidavit or form shall (1) be in the form required by section 47-12a; (2) identify the volume and page of the land records for the instrument or instruments that contain the unlawful restrictive covenant; and (3) state that the affidavit or form is being filed to carry out the provisions of this section. Failure to file such affidavit or form shall not otherwise affect the invalidity of the unlawful restrictive covenant under this section. The town clerk shall record such affidavit or form, and, to the extent practicable, notate the indices to the land records accordingly to reflect the invalidity of the unlawful restrictive covenant. No town clerk may assess any recording fee for the filing of such affidavit or form.

(d) A reference in any recorded instrument affecting title to real property, or in any other document, including, but not limited to, a report, opinion, contract or insurance policy, to covenants, conditions, restrictions or provisions contained in an instrument previously recorded in the land records, shall not constitute a revival, reinstatement or republication of an unlawful restrictive covenant. Any affidavit or other form recorded in connection with this section is not an encumbrance on the real property.

(e) If a person causes an affidavit or a form to be recorded under subsection (c) of this section that is not in fact authorized by this section, the town clerk and the municipality shall not be liable for any damages resulting from the recording of the affidavit or form pursuant to this section. Any liability that may result by a recording that is not authorized in fact by subsection (c) of this section shall be the sole responsibility of the person who caused the affidavit or form to be recorded.

(f) Not later than December 1, 2021, the Office of Policy and Management shall develop a standardized form for the purposes of subsection (c) of this section. The town clerk in each municipality shall (1) make such form available on the Internet web site of the municipality and in the area of the town clerk's office where land records are kept, and (2) post a notice informing the public of the provisions of this section in the area of the town clerk's office where land records are kept.

(P.A. 21-173, S. 1.)

History: P.A. 21-173 effective July 1, 2021.