Connecticut 2021 Regular Session Status: Enacted Bipartisan · 12 R · 12 D cosponsors

HB 6665 — AN ACT CONCERNING THE REMOVAL OF RESTRICTIONS ON OWNERSHIP OR OCCUPANCY OF REAL PROPERTY BASED ON RACE AND ELIMINATION OF THE RACE DESIGNATION ON MARRIAGE LICENSES.

Last action — SIGNED BY GOVERNOR

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 23, 2021. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 78% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 39 sponsors

    39 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (12 R · 12 D) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

279 added · 419 removed

279 line(s) added, 419 removed.

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Latest
House of Representatives File No.
Substitute House Bill No.
683 General Assembly January Session, 2021(Reprint of File No.
6665 Public Act No.
582) Substitute House Bill No.
21-173 AN ACT CONCERNING THE REMOVAL OF RESTRICTIONS ON OWNERSHIP OR OCCUPANCY OF REAL PROPERTY BASED ON RACE AND ELIMINATION OF THE RACE DESIGNATION ON MARRIAGE LICENSES.
6665 As Amended by House Amendment Schedule "A" Approved by the Legislative Commissioner May 13, 2021 AN ACT CONCERNING THE REMOVAL OF RESTRICTIONS ON OWNERSHIP OR OCCUPANCY OF REAL PROPERTY BASED ON RACE AND ELIMINATION OF THE RACE DESIGNATION ON MARRIAGE LICENSES.
If an unlawful restrictive covenant is contained in any instrument affecting title to real property that also contains any other covenant or provision that is not an unlawful restrictive covenant, the validity and enforceability of the remaining sHB6665 / File No.
If an unlawful restrictive covenant is contained in any instrument affecting title to real property that also contains any other covenant or provision that is not an unlawful restrictive covenant, the validity and enforceability of the remaining covenants or provisions, as well as the validity of the recorded instrument itself, shall not be affected by the voiding of the unlawful restrictive covenant.
683 sHB6665 File No.
(c) Any owner of real property who identifies an unlawful restrictive covenant in an instrument recorded on the land records that relates to Substitute House Bill No.
683 covenants or provisions, as well as the validity of the recorded instrument itself, shall not be affected by the voiding of the unlawful restrictive covenant.
6665 real property owned by such person may file either an affidavit pursuant to section 47-12a of the general statutes, as amended by this act, or a form described in subsection (f) of this section, with the town clerk in the municipality where the real property is located, identifying the existence of such unlawful restrictive covenant.
(c) Any owner of real property who identifies an unlawful restrictive covenant in an instrument recorded on the land records that relates to real property owned by such person may file either an affidavit pursuant to section 47-12a of the general statutes, as amended by this act, or a form described in subsection (f) of this section, with the town clerk in the municipality where the real property is located, identifying the existence of such unlawful restrictive covenant.
(e) If a person causes an affidavit or a form to be recorded under subsection (c) of this section that is not in fact authorized by this section, the town clerk and the municipality shall not be liable for any damages resulting from the recording of the affidavit or form pursuant to this sHB6665 / File No.
(e) If a person causes an affidavit or a form to be recorded under subsection (c) of this section that is not in fact authorized by this section, the town clerk and the municipality shall not be liable for any damages resulting from the recording of the affidavit or form pursuant to this section.
683 sHB6665 File No.
Any liability that may result by a recording that is not authorized in fact by subsection (c) of this section shall be the sole responsibility of the person who caused the affidavit or form to be Public Act No.
683 section.
21-173 2 of 10 Substitute House Bill No.
Any liability that may result by a recording that is not authorized in fact by subsection (c) of this section shall be the sole responsibility of the person who caused the affidavit or form to be recorded.
6665 recorded.
The license shall be completed in its entirety, dated, signed and sworn to by each applicant and shall state each applicant's name, age, [race,] birthplace, residence, whether single, widowed or divorced and whether under the supervision or control of a conservator or guardian.The SocialSecurity numbersofbothpersonsshallberecorded sHB6665 / File No.
The license shall be completed in its entirety, dated, signed and sworn to by each applicant and shall state each applicant's name, age, [race,] birthplace, residence, whether single, widowed or divorced and whether under the supervision or control of a conservator or guardian.The SocialSecurity numbersofbothpersonsshallberecorded Public Act No.
683 sHB6665 File No.
21-173 3 of 10 Substitute House Bill No.
683 in the "administrative purposes" section of the license.
6665 in the "administrative purposes" section of the license.
(c) Notwithstanding any other provision of this chapter or the sHB6665 / File No.
Public Act No.
683 sHB6665 File No.
21-173 4 of 10 Substitute House Bill No.
683 condominium instruments, the designation of the agent for the service of process named in the declaration may be changed from time to time by recording in the land records wherein the declaration is recorded the instrument for designation of an agent for service of process, which if the association is incorporated, shall be a copy of the instrument transmitted to the Secretary of the State or if not incorporated, an instrument including the same information as such an instrument for designation of agent.
6665 (c) Notwithstanding any other provision of this chapter or the condominium instruments, the designation of the agent for the service of process named in the declaration may be changed from time to time by recording in the land records wherein the declaration is recorded the instrument for designation of an agent for service of process, which if the association is incorporated, shall be a copy of the instrument transmitted to the Secretary of the State or if not incorporated, an instrument including the same information as such an instrument for designation of agent.
(a) Except in cases of amendments that may be executed by a declarant under subsection (f) of section 47-228 or section 47-229, or by the association under section 47-206, subsection (d) of section 47-225, subsection (c) of section 47-227, subsection (a) of section 47-231 or section 47-232, or by certain unit owners under subsection (b) of section 47-227, subsection (a) of section 47-231, subsection (b) of section 47-232, subsection (b) of section 47-237 or section 47-242, or by the executive board under subsection (k) of this section, and except as limited by sHB6665 / File No.
(a) Except in cases of amendments that may be executed by a declarant under subsection (f) of section 47-228 or section 47-229, or by the association under section 47-206, subsection (d) of section 47-225, subsection (c) of section 47-227, subsection (a) of section 47-231 or section 47-232, or by certain unit owners under subsection (b) of section Public Act No.
683 sHB6665 File No.
21-173 5 of 10 Substitute House Bill No.
683 subsections (d) and (f) of this section, the declaration, including any surveys and plans, may be amended only as follows:
6665 47-227, subsection (a) of section 47-231, subsection (b) of section 47-232, subsection (b) of section 47-237 or section 47-242, or by the executive board under subsection (k) of this section, and except as limited by subsections (d) and (f) of this section, the declaration, including any surveys and plans, may be amended only as follows:
(c) Every amendment to the declaration shall be recorded in every towninwhichany portionofthecommoninterest community is located and is effective only on recordation.
(c) Every amendment to the declaration shall be recorded in every towninwhichany portionofthecommoninterest community islocated and is effective only on recordation.
(d) Except in the case of the exercise of development rights pursuant to section 47-229 or to the extent otherwise expressly permitted or required by other provisions of this chapter, with respect to a common interest community, whether created before, on or after January 1, 1984, no amendment may create or increase special declarant rights, increase the number of units or change the boundaries of any unit or the sHB6665 / File No.
(d) Except in the case of the exercise of development rights pursuant Public Act No.
683 sHB6665 File No.
21-173 6 of 10 Substitute House Bill No.
683 allocated interests of a unit, in the absence of unanimous consent of the unit owners.
6665 to section 47-229 or to the extent otherwise expressly permitted or required by other provisions of this chapter, with respect to a common interest community, whether created before, on or after January 1, 1984, no amendment may create or increase special declarant rights, increase the number of units or change the boundaries of any unit or the allocated interests of a unit, in the absence of unanimous consent of the unit owners.
(g) The time limits specified in the declaration pursuant to subdivision(8)ofsubsection(a)ofsection47-224,withinwhichreserved development rights and special declarant rights must be exercised may be extended, the number of units may be increased and new development rights or other special declarant rights may be created by amendment to the declaration if persons entitled to cast at least eighty per cent of the votes in the association, including eighty per cent of the votes allocated to units not owned by the declarant, agree to that action.
(g) The time limits specified in the declaration pursuant to subdivision(8)ofsubsection(a)ofsection47-224,withinwhichreserved development rights and special declarant rights must be exercised may be extended, the number of units may be increased and new development rights or other special declarant rights may be created by amendment to the declaration if persons entitled to cast at least eighty per cent of the votes in the association, including eighty per cent of the Public Act No.
21-173 7 of 10 Substitute House Bill No.
6665 votes allocated to units not owned by the declarant, agree to that action.
Notwithstanding the provisions of subsection (c) of this section, the amendment to the declaration is effective thirty days after the sHB6665 / File No.
Notwithstanding the provisions of subsection (c) of this section, the amendment to the declaration is effective thirty days after the amendmentisrecordedandnoticeisdeliveredunlessanyofthepersons entitled to notice under this subsection records an objection in a record within the thirty-day period, in which case the amendment is void, or unless all of the persons entitled to notice under this subsection consent in a record at the time the amendment is recorded, in which case the amendment is effective when recorded.
683 sHB6665 File No.
683 amendmentisrecordedandnoticeisdeliveredunlessanyofthepersons entitled to notice under this subsection records an objection in a record within the thirty-day period, in which case the amendment is void, or unless all of the persons entitled to notice under this subsection consent in a record at the time the amendment is recorded, in which case the amendment is effective when recorded.
Notwithstanding any provision of this section, an amendment to the declaration or bylaws that affects the priority of a holder's security interest, other than an amendment regarding the priority of the association's lien authorized by section 47- 258 or the ability of that holder to foreclose its security interest may not be adopted without that holder's consent in a record if the declaration or bylaws require that consent as a condition to the effectiveness of the amendment.
Notwithstanding any provision of this section, an amendment to the declaration or bylaws that affects the priority of a holder's security interest, other than an amendment regarding the priority of the association's lien authorized by section 47- or the ability of that holder to foreclose its security interest may not Public Act No.
(j) If the declaration or bylaws of a common interest community, whether created before, on or after January 1, 1984, contains a provision requiring that amendments to the declaration or bylaws, other than amendments described in subsection (d) of this section, may be adopted only by the vote or agreement of unit owners of units to which more than eighty per cent of the votes in the association are allocated, such a sHB6665 / File No.
21-173 8 of 10 Substitute House Bill No.
683 sHB6665 File No.
6665 be adopted without that holder's consent in a record if the declaration or bylaws require that consent as a condition to the effectiveness of the amendment.
683 proposed amendment shall be deemed approved if:
(j) If the declaration or bylaws of a common interest community, whether created before, on or after January 1, 1984, contains a provision requiring that amendments to the declaration or bylaws, other than amendments described in subsection (d) of this section, may be adopted only by the vote or agreement of unit owners of units to which more than eighty per cent of the votes in the association are allocated, such a proposed amendment shall be deemed approved if:
(k) (1) The executive board may, by a vote of a majority of the members of said board at a meeting held pursuant to section 47-250, amendthedeclarationofacommon interest community to remove from such declaration a provision that purports to restrict ownership or occupancy of units within the common interest community on the basis of race.
(k) (1) The executive board may, by a vote of a majority of the members of said board at a meeting held pursuant to section 47-250, Public Act No.
21-173 9 of 10 Substitute House Bill No.
6665 amendthedeclarationofacommon interest community to remove from such declaration a provision that purports to restrict ownership or occupancy of units within the common interest community on the basis of race.
sHB6665 / File No.
Approved July 12, 2021 Public Act No.
683 sHB6665 File No.
21-173 10 of 10
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683 This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2021 New section Sec.
2 July 1, 2021 47-12a(b) Sec.
3 October 1, 2021 46b-25 Sec.
4 July 1, 2021 47-70a Sec.
5 July 1, 2021 47-236 sHB6665 / File No.
683 10 sHB6665 File No.
683 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
None Municipal Impact:
None Explanation The bill voids unlawful restrictive covenants from real property and does not result in a fiscal impact to the state or municipalities.
House "A" modifies common interest ownerships and does not result in a fiscal impact to the state or municipalities.
The Out Years State Impact:
None Municipal Impact:
None sHB6665 / File No.
683 sHB6665 File No.
683 OLR Bill Analysis sHB 6665 (as amended by House "A")* AN ACT CONCERNING THE REMOVAL OF RESTRICTIVE COVENANTS BASED ON RACE AND ELIMINATION OF THE RACE DESIGNATION ON MARRIAGE LICENSES.
SUMMARY This bill voids “unlawful restrictive covenants,” which are covenants or provisions in instruments affecting the title to real property that purport to restrict ownership or occupancy based on race.
The bill does not affect any other property covenant or provision or its validity, so long as it is not unlawfully restrictive.
The bill requires town clerks, after receiving a form or an affidavit notifying them of an unlawful restrictive covenant, to record it and to the extent practicable notate the land records.
The bill correspondingly requires the Office of Policy and Management, by December 1, 2021, to develop a standardized form to report unlawful restrictive covenants to town clerks and makes a conforming change allowing the affidavits.
Under the bill, each town clerk must (1) make the form available on the municipality’s website and in the town clerk’s office where land records are kept and(2)postanotice informing thepublicofthebill’sprovisions in the town clerk’s land records office.
The bill also provides a process for condominium and common interest community unit owners and their associations’ boards of directors or executive boards, as applicable, to remove provisions in association declarations that restrict ownership or occupancy by race.
Lastly, thebillremovesrace fromthelist ofdemographicinformation applicants must provide on marriage licenses (§ 3).
sHB6665 / File No.
683 12 sHB6665 File No.
683 *House Amendment “A” adds the condominium and common interest community provisions.
EFFECTIVE DATE:
July 1, 2021, except the marriage license provisions are effective October 1, 2021.
UNLAWFUL RESTRICTIVE COVENANTS Recording in Land Records Under the bill, a real property owner who identifies an unlawful restrictive covenant in an instrument recorded on the land records may file a form or affidavit identifying it with a town clerk.
The affidavit or form must:
1.
be in the form existing law requires for other affidavits relating to land titles, 2.
identify the land record volume and page that the instrument containing the unlawful covenant is on, and 3.
state that the affidavit or form is being filed in accordance with the bill.
To the extent practicable, a town clerk receiving one of these forms or affidavits must notate the indices to the land records to reflect the covenant’s invalidity.
Under the bill, the town clerk may not assess a recording fee for this.
An unlawful restrictive covenant is invalid under the bill regardless of whether a property owner files the form or affidavit described above.
Additionally, the bill deems that any references to an unlawful restrictive covenant in recorded instruments do not constitute its revival, reinstatement, or republication.
This applies to instruments affecting real title or any other documents affecting land records, includingreports,opinions,contracts,orinsurancepolicies.Anaffidavit or form recorded under the bill’s provision does not encumber the property.
sHB6665 / File No.
683 13 sHB6665 File No.
683 Liability A town clerk or municipality is not liable under the bill for any damages resulting from recording an affidavit or form unauthorized under the bill’s provisions.
The bill instead makes any liability from an unauthorizedrecordingthesoleresponsibilityofthepersonwhocaused the affidavit or form to be recorded.
CONDOMINIUM AND COMMON INTEREST OWNERSHIP ASSOCIATIONS Generally, a “declaration” is an instrument that creates and governs a condominium or common interest community (CGS §§ 47-70 & -202).
The bill allows a condominium association board of directors, or a common interest association executive board, by a majority vote, to remove a provision from the association’s declaration that purports to restrictownershiporoccupancybyrace.Forcondominiumassociations, the bill specifies that no additional vote by the unit owners is required.
For common interest associations, the vote must be at a unit owner or association meeting held in accordance with existing law.
The bill also requires boards to hold a meeting, within 90 days of receiving a written request from a unit owner to remove a provision in the association’s declaration that restricts ownership or occupancy by race, to determine whether the provision exists and should be removed according to the procedures described above.
COMMITTEE ACTION Judiciary Committee Joint Favorable Substitute Yea 38 Nay 0 (04/06/2021) sHB6665 / File No.
683 14
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Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 21-173

  5. IN CONCURRENCE

  6. SEN. PASSED, HO. AMEND. SCH. A

  7. SEN. ADOPTED HO. AMEND. SCH. A

  8. FILE NO. 683

  9. SENATE CALENDAR NUMBER 425

  10. FAV. RPT., TAB. FOR CAL., SEN.

  11. HOUSE PASSED, HOUSE AMEND. SCH. A

  12. HOUSE ADOPTED HOUSE AMEND. SCH. A

  13. FILE NO. 582

  14. HOUSE CALENDAR NUMBER 409

  15. FAV. RPT., TABLED FOR HOUSE CALENDAR

  16. RPTD. OUT OF LCO

  17. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/21/21

  18. FILED WITH LCO

  19. Joint Favorable Substitute

  20. PUBLIC HEARING 0331

  21. REF. TO JOINT COMM. ON Judiciary

Sponsors

Sponsorship breakdown

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39 sponsors · 0 co-sponsors · 148 not signed on

Sponsors (39)

Co-sponsors (0)

None.

Not signed on (148)

148 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors HB 6665?
HB 6665 is sponsored by Nicole Klarides-Ditria (Republican), David Rutigliano (Republican), Michel, David, Stallworth, Charlie L., Anne Dauphinais (Republican), Doug Dubitsky (Republican), Brian Lanoue (Republican), Jason Doucette (Democratic), Cheeseman, Holly H., Fiorello, Kimberly, Hennessy, John "jack" F., Bobby G. Gibson (Democratic), Mark W. Anderson (Republican), Steven J. Stafstrom (Democratic), Juan R. Candelaria (Democratic), Winfield, Gary A., Thomas, Stephanie, Jason Rojas (Democratic), Petit, William A., Sanchez, R., Joan V. Hartley (Democratic), Saud Anwar (Democratic), Travis Simms (Democratic), Tami Zawistowski (Republican), Devin R. Carney (Republican), Craig C. Fishbein (Republican), Gary A. Turco (Democratic), Dave W. Yaccarino (Republican), Greg S. Howard (Republican), Larry B. Butler (Democratic), Patricia A. Dillon (Democratic), Fusco, John, France, Mike, Currey, Jeff, Porter, Robyn A., Conley, Christine, Tony J. Scott (Republican), Mccarty, K., and Derell Wilson (Democratic).
What is the current status of HB 6665?
This bill has been enacted into law. Introduced March 23, 2021. Enacted.
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