TITLE 34
Property

CHAPTER 34-39.1
The Holders of Low and Moderate Income Housing Restrictions Act

SECTION 34-39.1-4


§ 34-39.1-4 Housing restrictions enforceable.

(a) No housing restriction, whether presently existing or hereafter created, that is held by a restriction holder shall be unenforceable against an owner or assignee of any real estate subject to the housing restriction because of lack of privity of estate or contract, or lack of benefit to particular land, or on account of any other common law doctrine of property law which might cause the termination of the housing restriction.

(b) This section shall not be construed to imply that restriction, charge, encumbrance, easement, covenant, or condition which is not covered hereunder shall, on account of any provisions hereof, be unenforceable.

(c) A housing restriction as defined in § 34-39.1-3(a) shall not be subject to the thirty (30) year limitation on restricted covenants provided for in § 34-4-21.

(d) A housing restriction as defined in subsection 34-39.1-3(a) shall not be subject to any of the limitations on possibilities of reverter and rights of entry or expirations or invalidity of restrictive covenants provided for in § 34-4-19, 34-4-20, 34-4-22, 34-4-23 or 34-4-26.

History of Section.
(P.L. 1991, ch. 237, § 1; P.L. 2006, ch. 368, § 4; P.L. 2006, ch. 464, § 4.)