Ohio Code 5301.05 – Discriminatory restrictive covenants – void
(A) Discriminatory restrictive covenants in deeds limiting the transfer or lease of real property to individuals against whom discrimination is prohibited by division (H)(1) of section 4112.02 of the Revised Code are void. If an attorney, in preparing a deed, discovers a discriminatory covenant that is void under this section, the attorney may omit the discriminatory restrictive covenant from the new deed with immunity from civil liability.
Terms Used In Ohio Code 5301.05
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(B) Omission of a discriminatory restrictive covenant from a deed pursuant to division (A) of this section does not affect the validity of the deed. No county recorder shall refuse to record a deed pursuant to division (B) of section 317.13 of the Revised Code due to such omission.
Last updated September 9, 2021 at 2:29 PM