Unlawful Restrictive Covenants

Posted by
Town Clerk

Connecticut 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. 

Effective 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:

Identification and Renunciation of a Void and Unlawful Restrictive Covenant Form

There is no fee to file one of these forms on the Durham Land Records.