New Jersey § 46:15-15

§ 46:15-15.

The Legislature finds and declares: a. Restrictive covenants in deeds for real property that establish certain restrictions

on the ownership or use of real property are prohibited by sections 4 and 11 of the

“Law Against Discrimination,” P.L.1945, c. 169 ( C.10:5-4 and C.10:5-12 ), including restrictions on the basis of race, creed, color, national origin, ancestry,

age, marital status, affectional or sexual orientation, familial status, disability,

liability for service in the Armed Forces of the United States, nationality, sex,

gender identity or expression, or source of lawful income used for rental or mortgage

payments. b. While these forms of restrictive covenants are unlawful and therefore unenforceable,

no State law currently exists that would require an unlawful and unenforceable restrictive

covenant that currently exists in a deed for real property to be removed. Unsuspecting homeowners or potential home buyers who encounter restrictive language

in a deed and do not understand the intricacies of the “Law Against Discrimination”

may be discouraged from buying a home or continuing to reside in a home for which

the ownership document, the deed, contains this language. Furthermore, a person who has purchased a home without realizing that such language

is contained in the deed may feel shocked and upset after reading the deed. c. Allowing this type of language to continue to be contained in a legal document

recorded by a governmental entity of the State of New Jersey, either the county clerk

or the county register of deeds and mortgages, is a reminder of a hurtful and shameful

national legacy that has been outlawed by the United States Congress, and by the New

Jersey Legislature through the “Law Against Discrimination.” d. The Virginia Legislature recently enacted a law prohibiting the recording of a

deed after July 1, 2020 that references the specific portion of a restrictive covenant

purporting to restrict the ownership or use of the property as prohibited under the

Virginia Fair Housing Law. The Virginia law also provides a property owner the ability to legally remove such

an unenforceable restrictive covenant from their deed. e. The New Jersey Legislature has reviewed this Virginia law and has determined that

such a law shall be enacted in this State in furtherance of the Legislature's continuing

efforts to ensure that the hateful and hurtful legacy embodied in many land transactions

is forever removed from State land deeds.