Hinckley — Ch. 38 Human Relations § 38-37
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. 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. 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.
Hinckley Ch. 38 § 38-37 declares that any clause in a real-property agreement—written or oral—that restricts the sale, transfer, encumbrance, occupancy, or lease of property based on race, color, religion, or national origin is legally void and unenforceable. Conditions or deed restrictions that limit who may use or occupy property on those same grounds are likewise nullified, with a narrow exception for religiously affiliated organizations using property for religious or charitable purposes. Attempting to enforce or insert such a clause in a chain of title constitutes a civil rights violation under this provision.
Plain English — not legal advice.
Property owners and managers operating under Hinckley Ch. 38 § 38-37 generally review their deeds, leases, and other instruments to confirm that no language restricting conveyance, occupancy, or use on the basis of race, color, religion, or national origin appears or is being relied upon. A compliant operator does not draft, record, or reference such provisions in any new or amended instrument, and does not act on any such language discovered in an older chain of title. Awareness of the civil-rights-violation standard in § 38-37(c) is particularly important when preparing or updating property documents.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Hinckley Ch. 38 § 38-37, tenants have a right to occupy property free from restrictions based on race, color, religion, or national origin, and any lease clause attempting to impose such a restriction is void on its face. If a tenant encounters such language in a lease or believes a landlord is honoring a discriminatory deed restriction, § 38-37(c) identifies that conduct as a civil rights violation, which may open enforcement or complaint pathways. Tenants can explore options such as contacting a local human-relations commission, a fair-housing organization, or a tenant-rights group to understand what remedies may be available.
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.
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