(2) The term includes the Philadelphia Department of
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 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.
§ 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.
( b) Combined covenants.--If an unlawful restrictive covenant
is contained in an instrument affecting title to real property
that also contains other covenants or provisions that are not an
unlawful restrictive covenant, the validity and enforceability
of the remaining covenants or provisions, as well as the
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