Ohio Legislature Makes it Easier to Remove Discriminatory Deed Restrictions
Property owners sometimes include a deed restriction, or restrictive covenant, when transferring property. For example, a deed might prevent future owners from hunting on the land or renting a house to a third party.
Sadly, many deeds included restrictions intended to discriminate on the basis of race or religion, often by preventing sales to African American or Jewish buyers. These restrictions have been illegal and unenforceable since the passage of the Fair Housing Act - but they have remained on the books.
However, the Ohio Legislature has recently passed legislation permitting attorneys to independently remove these discriminatory deed restrictions.
Such restrictions, used in concert with redlining to segregate neighborhoods, have no effect anymore. But they still remain in at least thousands of current Ohio property deeds as vestiges of a past era.
That could change soon.
As part of the state budget bill that became law this month, licensed real estate attorneys now have the legal backing to remove discriminatory covenants from future deeds whenever a property is sold or transferred.
Although property owners may want to simply ignore these unenforceable restrictions, removing the discriminatory language is important because it erases this painful language from Ohio property records, one deed at a time. Ohio’s new law makes it easier for homeowners to make that change.
Contact our office today for assistance with your real estate purchase or sale.