Ashton — Ch. 38 Human Relations § 38-38
Restrictive covenants
Operative Text
(a) Agreements. Every provision in an oral agreement or a written instrument relating to real property which purports to forbid or restrict the conveyance, encumbrance, occupancy, or lease thereof on the basis of race, color, religion, or national origin is void. (b) Limitations. (1) Every condition, restriction or prohibition, including a right of entry or possibility of reverter, which directly or indirectly limits the use or occupancy of real property on the basis of race, color, religion, or national origin is void. (2) This section shall not apply to a limitation of use on the basis of religion of real property held by a religious institution or organization or by a religious or charitable organization operated, supervised, or controlled by a religious institution or organization, and used for religious or charitable purposes. (c) Civil rights violations. It is a civil rights violation to insert in a written instrument relating to real property a provision that is void under this section or to honor or attempt to honor such a provision in the chain of title. State Law reference-- Similar provisions, 775 ILCS 5/3-105.
Ashton Ch. 38 § 38-38 declares that any clause in an oral agreement or written document tied to real property that restricts the sale, transfer, encumbrance, occupancy, or lease of that property based on race, color, religion, or national origin is legally void and unenforceable. Conditions or restrictions—including rights of entry or possibilities of reverter—that limit use or occupancy on those same grounds are likewise nullified. A narrow exception exists for religious institutions or affiliated charitable organizations that restrict use of property held and used for religious or charitable purposes. Inserting such a void provision into a property document, or attempting to enforce one already in a chain of title, constitutes a civil rights violation under this section.
Plain English — not legal advice.
Property owners and managers operating under Ashton Ch. 38 § 38-38 generally ensure that no deed, lease, covenant, or other instrument relating to their real property contains any language restricting conveyance, occupancy, or lease on the basis of race, color, religion, or national origin. Compliant operators also review existing chains of title for any such legacy provisions and refrain from honoring or referencing them in transactions. Inserting or attempting to enforce such a clause—even one inherited from a prior owner—is treated as a civil rights violation under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Ashton Ch. 38 § 38-38, tenants and prospective occupants have a right to be free from any lease clause or property restriction that limits occupancy based on race, color, religion, or national origin, as such provisions are void by law. If a landlord attempts to enforce or rely on such a clause—whether in a current lease or buried in a property's chain of title—that conduct itself constitutes a civil rights violation under this section. Individuals who believe this provision has been violated may consider contacting a local fair-housing organization, the Ashton Human Relations Commission, or a tenant-rights group to understand available complaint and enforcement paths.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation