The Pennsylvania Legislature Enables Homeowners to Remove Racially Discriminatory Restrictive Covenants from Their Deeds

The law, entitled “Act amending Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, in residential real property, providing for repudiation of discriminatory real estate covenants,” aims to address historical housing discrimination in Pennsylvania.

The legislation targets discriminatory covenants and restrictions placed on property deeds that limit who can own or occupy the land based on race, ethnicity, or religion. These covenants, though no longer enforceable in court, can still have a chilling effect on potential buyers and create a perception of unwelcome communities for certain demographics.

The law is intended to empower current property owners to remove these discriminatory clauses from their deeds. This would be achieved through a process outlined in the law, allowing homeowners to declare these covenants null and void officially. By facilitating the removal of such language, the law hopes to promote fairer housing practices and create a more inclusive housing market across Pennsylvania.

The legislation represents a historic step forward by Pennsylvania lawmakers toward dismantling discriminatory housing practices and their lingering chilling effects on racial and ethnic minorities in the state’s housing landscape.

-Guy Milone, Esq., Friedman Vartolo General Counsel