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H 1762

An Act for the removal of void restrictive covenants

194th Legislature (2025-2026) Introduced by Hannah Bowen and 2 co-sponsors

Massachusetts bill allows property owners to remove unenforceable restrictive covenants—often containing discriminatory language—from recorded deeds to clear titles and address historical injustices.

Hearing scheduled for 10/21/2025 from 01:00 PM-05:00 PM in A-2
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Bill Summary · H 1762

Legislative bill overview

H 1762 authorizes the removal of void restrictive covenants from property records in Massachusetts. These are outdated deed restrictions that are unenforceable under law—often including discriminatory language from earlier decades—but remain recorded against properties. The bill provides a mechanism for property owners to formally remove these covenants from the public record.

Why is this important

Void restrictive covenants, many containing explicitly racist or discriminatory language, can cloud property titles and perpetuate historical injustices even when legally unenforceable. Their removal has practical benefits for property transactions, mortgaging, and title insurance, while also addressing the symbolic and psychological harm of having discriminatory language permanently attached to one's property deed.

Potential points of contention

  • Implementation costs: Determining who bears expenses for the removal process (property owners, municipalities, or the state) and what staffing/resources are needed
  • Scope and definitions: Clarity on what constitutes a "void" covenant versus merely unenforceable ones, and whether removal is mandatory or permissive
  • Historical preservation concerns: Whether removing covenants from records eliminates important documentation of discriminatory historical practices that scholars and communities want documented

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

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