Cal. Civ. Code § 32-21-15-1
"Discriminatory restrictive covenant"
Operative Text
Sec. 1. As used in this chapter, "discriminatory restrictive covenant" means any restrictive covenant on real property which, if enforced, would violate: (1) the prohibition in the federal Fair Housing Act (42 U.S.C. 3601 et seq.) against discrimination on the basis of race, color, sex, religion, familial status, disability, or national origin; or (2) the equal protection clause of the Constitution of the United States under Shelley v. Kraemer, 334 U.S. 1 (1948) (holding enforcement of a racially restrictive covenant violates the equal protection clause).
Indiana Code § 32-21-15-1 establishes the legal definition of a 'discriminatory restrictive covenant' as it is used throughout Indiana Code Chapter 32-21-15. Under this definition, a restrictive covenant attached to real property qualifies as discriminatory if enforcing it would run afoul of the federal Fair Housing Act's prohibitions against discrimination based on race, color, sex, religion, familial status, disability, or national origin, or if it would violate the equal protection principles affirmed in Shelley v. Kraemer. This is a definitional provision that sets the scope for the rest of the chapter's rules about how such covenants are treated under Indiana law.
Plain English — not legal advice.
Property owners and managers operating in Indiana should be aware that Ind. Code § 32-21-15-1 defines the category of covenants that the rest of Chapter 32-21-15 addresses. Compliant operators generally review title documents and deed restrictions to identify language that could fall within this definition—covenants restricting occupancy or sale on the basis of protected characteristics such as race, religion, or disability. Understanding this definition is a foundational step for operators who want to ensure their properties are not encumbered by language that triggers the chapter's additional requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 32-21-15-1 provides tenants and prospective buyers with a clear legal benchmark for identifying when a covenant attached to a property is considered discriminatory under Indiana law. If a person encounters a deed restriction or covenant that appears to limit who may live in or purchase a property based on race, religion, disability, or another protected characteristic, this provision is the starting point for understanding how Indiana law categorizes such language. Tenant-rights organizations and fair housing agencies, such as those operating under the federal Fair Housing Act framework, can be consulted to explore what options exist when a potentially discriminatory restrictive covenant is identified.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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