New Mo. law bans discriminatory restrictive covenants on deeds

JEFFERSON CITY, Mo. (KFVS) - A new Missouri law bans discriminatory restrictive covenants on recorded deeds.

House Bill 1662 prohibits deeds recorded on or after August 28, 2022, “from specifically referencing restrictions relating to a person’s race, color, religion, or national origin.”

It also provides a way for an owner to release the prohibited covenants with a certificate of release provided in the act.

According to a news release from the Missouri House of Representatives, before the 1950s, properties had covenants that prohibited selling or renting to people based on race or religion or sex, etc. But the Supreme Court found those to be a violation of the 14th Amendment.

Current Missouri statutes make discriminatory restrictive covenants void and unenforceable, but they have not been removed from the deeds because there is no way to easily remove them.

This new law will allow owners to remove them and will bar the recorded from adding such a covenant in a new deed.

Governor Mike Parson signed HB 1662 into law on Thursday, June 30.

“I would like to thank the Governor for signing this legislation into law,” State Representative Craig Fishel (R-Springfield) said. “This is an important, good government cleanup because it is, quite simply, not enforceable anyway, so I’m glad we can clean up the books and get it right.”

HB 1662 also includes language related to restrictions on real property, restrictions on home-based businesses, as well as dealing with other property regulations and renewable energy.