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HD 4097

An Act for the removal of void restrictive covenants

194th Legislature (2025-2026) Introduced by Russell Holmes

Bill authorizes removal of unenforceable restrictive covenants from property titles to clear title and eliminate historical discriminatory deed restrictions.

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WeVote Research Nonpartisan
Bill Summary · HD 4097

Legislative bill overview

HD 4097 authorizes the removal of void restrictive covenants from real property titles in Massachusetts. These are deed restrictions that are unenforceable, obsolete, or no longer serve a legitimate purpose, but remain recorded on property documents and can complicate transactions or cloud title. The bill provides a streamlined process for property owners to petition courts or use administrative procedures to formally eliminate these outdated restrictions.

Why is this important

Void restrictive covenants can include historical racial discrimination clauses, discriminatory language based on religion or ethnicity, or other legally unenforceable restrictions that nonetheless remain on public record and may create practical barriers to property sales, refinancing, or development. Removing them formally improves title clarity, reduces transaction costs, and addresses the lingering presence of discriminatory language in property records.

Potential points of contention

  • Costs and burden: Whether property owners must bear legal or administrative fees to remove covenants, potentially creating barriers for lower-income owners
  • Historical documentation: Tension between removing discriminatory language from records versus preserving historical evidence of past discrimination for educational purposes
  • Definition of "void": Disputes over what constitutes a truly void or unenforceable covenant versus one that might retain some technical validity or requires more complex legal analysis

Compiled from official sources — confirm details with the bill’s official record.

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