Records and the Allegheny County Department of Real Estate.
"Unlawful restrictive covenant." A covenant or other
provision that purports to restrict ownership or occupancy of
real property on the basis of one or more of the following:
(1) R ace, color, ethnicity, national origin, religious
creed, sex, gender identity, sexual orientation, age, marital
status, familial status, citizenship or immigration status or
any other status as those terms are defined in A PRACTICE OR
POLICY OF DISCRIMINATION AGAINST INDIVIDUALS OR GROUPS
COVERED UNDER the act of October 27, 1955 (P.L.744, No.222),
known as the Pennsylvania Human Relations Act, or 42 U.S.C.
Ch. 45 (relating to fair housing) or which may hereafter
become a protected class under Federal or State law.
(2) The presence of a sensory, mental or physical
disability or the use of a guide, service, assistance or
support animal as a reasonable accommodation for the user or
because the user is a handler or trainer of service, support,
assistance or guide animals. THE TERM DOES NOT INCLUDE A
COVENANT OR RESTRICTION AFFIXED TO A PROPERTY BY A RELIGIOUS
ORGANIZATION THAT PREVENTS THE USE OF THE PROPERTY FOR
PURPOSES THAT WOULD OFFEND THAT RELIGIOUS ORGANIZATION OR AN
AGE-BASED COVENANT OR RESTRICTION INTENDED TO CREATE A SENIOR
LIVING COMMUNITY.
§ 7403. Nullification of existing unlawful restrictive
covenants.
(a) Unenforceable covenants.--An unlawful restrictive
covenant contained in an instrument affecting title to real
property, whether or not recorded, in this Commonwealth shall be
null, void and unenforceable ab initio without need for further
action by any person or recorder.
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