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Pursuant to section 710.25 of the Wisconsin statutes, a restriction, covenant,
5or condition that prohibits or restricts the ownership, transfer, encumbrance, rental,
6occupancy, or use of real property in this state on the basis of membership in a
7protected class, as defined in the Wisconsin statutes, contained in a deed or other
8instrument affecting real property is void and unenforceable. Pursuant to section
9710.25 of the Wisconsin statutes, any owner of real property may record this form to
10discharge and release such a discriminatory restriction from the owner's real
11property.
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DISCHARGE AND RELEASE BY OWNER
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I, .... (name of owner), certify all of the following:
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That I own the following described real property located in .... County,
15Wisconsin:
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.... (property description)
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That the real property is affected by an instrument titled .... and recorded on
18.... (date), in the Office of the Register of Deeds for .... County, Wisconsin, in volume
19...., at page ...., as document number ....
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[Repeat for each instrument to which the form applies.]
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That the instrument(s) (contains) (contain) one or more discriminatory
22restrictions that are void and unenforceable under section 710.25 of the Wisconsin
23statutes and the Wisconsin and U.S. Constitutions.
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That, pursuant to section 710.25 of the Wisconsin statutes, the discriminatory
25restrictions are hereby discharged and released from the real property, and the
1remainder of the instrument(s) (continues) (continue) in full force and effect with
2respect to the real property and shall be construed as if the discriminatory
3restrictions are not contained therein.
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OWNER'S CERTIFICATION
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The undersigned certifies that the information stated in this instrument is true
6and correct to the best of my knowledge, information, and belief. The undersigned
7makes this instrument for the purpose of discharging and releasing one or more
8discriminatory restrictions affecting my real property that are void and
9unenforceable.
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ACKNOWLEDGEMENT
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State of ....
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County of ....
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Signed and affirmed before me on .... (date), by .... (name of owner).
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Signature of notary ....
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(Seal, if any, of notary)
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Printed name ....
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My commission expires: ....
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This instrument was drafted by: ....
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(d) The department of administration shall prepare and provide copies of the
22form under par. (c) to the public by posting the form on the department's website.
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23Section
6. 895.12 of the statutes is created to read:
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1895.12 Discriminatory restrictions in real property instruments;
2injunctive relief. (1) In this section, “discriminatory restriction” has the meaning
3given in s. 710.25 (1).
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4(2) If a person that drafts a deed or other instrument affecting real property
5includes a discriminatory restriction in the deed or instrument in violation of s.
6710.25 (4), a grantee or other beneficiary of the deed or instrument may, in addition
7to any other remedies available under law, bring a civil action for injunctive relief
8against the person.
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9(3) If a plaintiff prevails in an action under sub. (2), the court shall award to
10the plaintiff the costs of the action, including, notwithstanding s. 814.04 (1),
11reasonable attorney fees incurred in connection with the action.
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12Section
7.
Nonstatutory provisions.
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(1)
Legislative intent statement. Covenants in deeds and other instruments
14that are discriminatory based on race and other protected classes are unenforceable
15under the 1968 federal Fair Housing Act,
42 USC 3601 to
3631, and Wisconsin's open
16housing law, s. 106.50, and are against the governmental purpose of allowing an
17owner of real property to discharge and release a discriminatory restriction from real
18property that is affected by a deed or other instrument that contains a discriminatory
19restriction.
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20Section 8
.
Initial applicability.
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(1)
Discriminatory restrictions void; retroactive application. The treatment
22of s. 710.25 (2) first applies retroactively to a deed or other instrument that contains
23a discriminatory restriction, as defined in s. 710.25 (1), and that is created before, and
24applies to a deed or other instrument that contains a discriminatory restriction and
25that is created on or after, the effective date of this subsection.
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1(2)
Discriminatory restrictions in real property instruments; injunctive
2relief. The treatment of s. 895.12 first applies to a deed or other instrument that is
3drafted on the effective date of this subsection.
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4Section
9.
Effective dates. This act takes effect on the day after publication,
5except as follows:
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(1)
The treatment of ss. 59.43 (9) (d) and 710.25 (5) takes effect on the first day
7of the 5th month beginning after publication.
