Ind. Code ch. 32-21-15

in effect

Ind. Code § 32-21-15-1 "Discriminatory restrictive covenant"

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). As added by P.L.20-2021, SEC.1.

Ind. Code § 32-21-15-2 Filing notice or statement that discriminatory covenant is invalid

Sec. 2. A person who discovers a recorded discriminatory restrictive covenant may: (1) with the consent of all parties to a real estate transaction, include in any deed, mortgage, or other instrument filed for recording in connection with the transaction a statement that the discriminatory restrictive covenant is invalid and unenforceable; or (2) prepare and record a separate notice, cross-referenced to the discriminatory restrictive covenant, stating that the discriminatory restrictive covenant is invalid and unenforceable. As added by P.L.20-2021, SEC.1.

Ind. Code § 32-21-15-3 Form of notice or statement that discriminatory covenant is invalid

Sec. 3. The statement or notice described in section 2 of this chapter shall be in a form substantially consistent with the following: "The chain of title for the real property described herein contains a restrictive covenant that, if enforced, would discriminate against individuals based upon their race, color, sex, religion, familial status, disability, or national origin. The covenant is invalid, unenforceable, and antithetical to American values of equal justice and equality under the law.". As added by P.L.20-2021, SEC.1.

Ind. Code § 32-21-15-4 Immunity

Sec. 4. A person who in good faith: (1) prepares or causes to be prepared; or (2) records or causes to be recorded; a statement or notice under section 2 of this chapter is immune from liability for incorrectly stating that the restrictive covenant is discriminatory. As added by P.L.20-2021, SEC.1.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/32Fetched: 10/17/2026