Cal. Civ. Code § 4A
Conveyance by void instruments; penalty
Operative Text
Section 4A. Whoever conveys real property by an instrument which contains a provision which he knows is void under the provisions of section twenty-three B of chapter one hundred and eighty-four shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year.
Mass. Gen. Laws c. 151B § 4A establishes a criminal penalty for anyone who transfers real property using a deed or other conveyance instrument that contains a provision the transferor knows is legally void under the anti-discrimination restrictions found in Massachusetts General Laws c. 184 § 23B. The offense can result in a fine of up to five hundred dollars, imprisonment of up to one year, or both. In effect, the law treats the knowing use of a discriminatory or otherwise void restrictive covenant in a property transfer as a punishable act, not merely a civil nullity.
Plain English — not legal advice.
Property owners and managers who convey real estate in Massachusetts should be aware that § 4A of c. 151B attaches criminal exposure to the knowing inclusion of provisions that are void under c. 184 § 23B—such as racially or otherwise discriminatorily restrictive covenants—in any deed or transfer instrument. Compliant operators generally review conveyance documents to ensure no such void provisions are carried forward, whether from older title chains or newly drafted language. Working with a title professional or real estate attorney to audit instruments before closing is a common practice for avoiding liability under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For tenants and prospective buyers, Mass. Gen. Laws c. 151B § 4A signals that Massachusetts treats the deliberate use of void discriminatory covenants in property transfers as a criminal matter, not just an unenforceable contract term. If you believe a property was conveyed to you—or withheld from you—through an instrument containing such a provision, you may have grounds to raise the issue with the Massachusetts Commission Against Discrimination or to consult a tenant-rights or fair-housing organization familiar with c. 151B. Understanding that this provision exists alongside civil remedies under c. 151B can help inform conversations with a legal aid provider or housing advocate about what enforcement paths 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 September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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