Have you heard of Missouri House Bill 1662 (H.B. 1662)?
Effective August 28, 2022, Missouri law will require:
- The removal of antiquated covenants that prohibit renting or selling based on race, color, religion, or national origin from any deed. While RSMO 442.403 already makes discriminatory restrictive covenants void and unenforceable, historically, there has been no easy way to remove them from deeds. On and after August 28, 2022, that will no longer be the case as the inclusion of such covenants will be banned. Further, the owner of real property subject to such covenants will be able to record certificate of release of such prohibited covenants. Such certificate need not be prepared by attorney, so long as it substantially conforms with the form provided in the statute.
- All written instruments conveying real estate or any interest in real estate must state the marital status – whether married or unmarried – of any natural person acting as grantor, mortgagor, or other party executing the instrument (RSMO 442.130). The statute is currently silent on if the marital status must be included on the cover page and in the body of the document; accordingly, best practice would suggest that it should be listed in both places. This marks a significant change in the law.
Other Notable Provisions Enacted Under H.B. 1662
- State law now places certain limits on ordinances and regulations surrounding home-based work, meaning work which is clearly incidental and secondary to the use of the dwelling unit and does not change the residential character of the residential building.
- State law now places certain limits on HOA regulation of “for sale” signs and placement of solar panels.
This blog post was drafted by Tomi Akinyemi, an associate in the St. Louis, Missouri, office of Spencer Fane. For more information, please visit www.spencerfane.com.