H.551
Introduced by Representatives Grad of Moretown, Christie of Hartford,
Colburn of Burlington, Colston of Winooski, Kornheiser of
Brattleboro, LaLonde of South Burlington, and Rachelson of
Burlington
Referred to Committee on
Date:
Subject: Property; restrictive covenants
Statement of purpose of bill as introduced:
This bill proposes to prohibit
covenants in deeds that purport to restrict the ownership of property on the
basis of race or religion and to establish a process for the removal of such
covenants from deeds.
An act relating to prohibiting racially and religiously restrictive covenants
in deeds
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. LEGISLATIVE INTENT
While racially and religiously restrictive covenants have been held
unenforceable by courts since the U.S. Supreme Court’s 1948 decision in
Shelley v. Kramer, 344 U.S. 1 (1948), no State law currently exists to render
these covenants void and to put an end to what was an invidious, historical
practice of discrimination in the United States. This practice was responsible,
in part, for preventing persons of racial and religious minority backgrounds
from fully participating in one of the greatest expansions of wealth and
prosperity in this country’s history through federally backed mortgages and
freely available homeownership. It is the intent of the General Assembly that
this act prohibit racially and religiously restrictive covenants from ever being
used in Vermont again, regardless of their enforceability, and that it ensure
that existing racially and religiously restrictive covenants remain in municipal
land records to preserve the historical record and maintain critical evidence of
a pervasive system of discrimination that existed in Vermont and throughout
the country.
Sec. 2. 27 V.S.A. § 546 is added to read:
§ 546. RACIALLY AND RELIGIOUSLY RESTRICTIVE COVENANTS IN
DEEDS PROHIBITED
(a) A deed, mortgage, plat, or other recorded device recorded on or after
July 1, 2022 shall not contain a covenant, easement, or any other restrictive or
reversionary interest purporting to restrict the ownership or use of real
property on the basis of race or religion.
(b) A covenant, easement, or any other restrictive or reversionary interest
in a deed, mortgage, plat, or other recorded device purporting to restrict the
ownership or use of real property on the basis of race or religion is declared
contrary to the public policy of the State of Vermont and shall be void and
unenforceable. This subdivision shall apply to a restrictive covenant executed
at any time.
Sec. 3. EFFECTIVE DATE
This act shall take effect on July 1, 2022.