Analysis by the Legislative Reference Bureau
This bill provides that a restriction, covenant, or condition that prohibits or
restricts the ownership, transfer, encumbrance, rental, occupancy, or use of real
property on the basis of being a member of a protected class, as defined in the open
housing law, (discriminatory restriction) and that is contained in a deed or other
instrument affecting real property is void and unenforceable. Under current law, it
is a violation of the open housing law to discriminate in housing, with limited
exceptions, on the basis of sex; race; color; sexual orientation; disability; religion;
national origin; marital status; family status; status as a victim of domestic abuse,
sexual assault, or stalking; lawful source of income; age; or ancestry.
The bill also provides that no person may file or record a deed or other
instrument that contains a discriminatory restriction with a register of deeds. If a
person presents a deed or other instrument that contains a discriminatory
restriction to a register of deeds for filing or recording, the register of deeds may reject
the deed or instrument, or, if the register of deeds chooses to file or record the deed
or instrument, the register of deeds may obscure the discriminatory restriction
before filing or recording the deed or instrument.

The bill provides that a person that drafts a deed or other instrument affecting
real property may not include a discriminatory restriction in the deed or instrument.
Under the bill, if a person violates that prohibition, a grantee or other beneficiary of
the deed or instrument may bring a civil action for injunctive relief against the
person, and, if the grantee or beneficiary prevails, the grantee or beneficiary is
entitled to collect the costs of the action, including reasonable attorney fees.
Under the bill, an owner of real property that is affected by a deed or other
instrument that contains a discriminatory restriction may record with the register
of deeds a certification to discharge and release the discriminatory restriction from
the owner's real property. The bill creates a statutory certification form an owner
may use for that purpose and requires the Department of Administration to provide
copies of the form to the public by posting the form on DOA's website.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB439,1 1Section 1. 59.43 (1c) (intro.) of the statutes is amended to read:
SB439,2,32 59.43 (1c) Register of deeds; duties. (intro.) Subject to sub. subs. (1g) to (1m),
3the register of deeds shall:
SB439,2 4Section 2. 59.43 (1k) of the statutes is created to read:
SB439,2,105 59.43 (1k) Authority to reject instruments with discriminatory
6restrictions.
If a register of deeds is presented with an instrument for recording or
7filing that contains a discriminatory restriction, as defined in s. 710.25 (1), the
8register of deeds may return the instrument unrecorded or unfiled or may, prior to
9recording or filing the instrument, obscure the discriminatory restriction such that
10the discriminatory restriction is not discernible on the instrument.
SB439,3 11Section 3. 59.43 (9) (d) of the statutes is created to read:
SB439,3,412 59.43 (9) (d) With regard to certifications to discharge and release
13discriminatory restrictions under s. 710.25 (5) (a) related to previously filed or
14recorded documents, the register of deeds shall, if possible, include on the previously

1filed or recorded documents a notation of the document number of the certification,
2the date when the certification is filed or recorded, and, if the certification is assigned
3a volume and page number, the volume and page where the certification is filed or
4recorded.
SB439,4 5Section 4 . 706.05 (1) of the statutes is amended to read:
SB439,3,96 706.05 (1) Subject to s. 59.43 (1g) to (1m) and (2m), every conveyance, and every
7other instrument which that affects title to land in this state, shall be entitled to
8record in the office of the register of deeds of each county in which land affected
9thereby may lie.
SB439,5 10Section 5 . 710.25 of the statutes is created to read:
SB439,3,18 11710.25 Discriminatory restrictions prohibited. (1) In this section,
12“discriminatory restriction” means a restriction, covenant, or condition that
13prohibits or restricts the ownership, transfer, encumbrance, rental, occupancy, or use
14of real property on the basis of being a member of a protected class, as defined in s.
15106.50 (1m) (nm). “Discriminatory restriction” does not include a restriction,
16covenant, or condition that prohibits or restricts the ownership, transfer,
17encumbrance, rental, occupancy, or use of real property on a basis that is allowed
18under s. 106.50 (5m) (a) to (f) or 42 USC 3607.
SB439,3,20 19(2) A discriminatory restriction contained in a deed or other instrument
20affecting real property is void and unenforceable.
SB439,3,23 21(3) No person may file or record with, or present for filing or recording to, a
22register of deeds a deed or other instrument affecting real property that contains a
23discriminatory restriction.
SB439,3,25 24(4) A person that drafts a deed or other instrument affecting real property may
25not include a discriminatory restriction in the deed or instrument.
SB439,4,7
1(5) (a) If real property is affected by a deed or other instrument that contains
2a discriminatory restriction, an owner of the real property may discharge and release
3the discriminatory restriction from the owner's real property by recording a
4certification to discharge and release the discriminatory restriction. Subject to s.
559.43 (2m), the certification is entitled to record in the office of the register of deeds
6in the county in which the owner's real property is located if the certification includes
7all of the following:
SB439,4,88 1. The signature of the owner.
SB439,4,109 2. An acknowledgement or authentication in accordance with s. 706.06 or ch.
10140.
SB439,4,1211 3. The full legal description, as defined in s. 706.01 (7r), of the real property to
12which the certification relates.
SB439,4,1613 4. The title of the deed or instrument that contains the discriminatory
14restriction, the document number of the deed or instrument, and, if given on the deed
15or instrument, the volume and page where the deed or instrument is filed or
16recorded.
SB439,4,2117 (b) An owner of real property may record a single certification under par. (a)
18to discharge and release discriminatory restrictions from multiple deeds and
19instruments that affect the real property. The certification shall include the
20information specified under par. (a) 4. for every deed or instrument to which the
21certification applies.
SB439,4,2322 (c) An owner of real property may make the certification under par. (a) in
23substantially the following form:
SB439,5,3
1DISCHARGE AND RELEASE
2 OF DISCRIMINATORY RESTRICTION
3 AFFECTING REAL PROPERTY
SB439,5,114 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.
SB439,5,1212 DISCHARGE AND RELEASE BY OWNER
SB439,5,1313 I, .... (name of owner), certify all of the following:
SB439,5,1514 That I own the following described real property located in .... County,
15Wisconsin:
SB439,5,1616 .... (property description)
SB439,5,1917 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 ....
SB439,5,2020 [Repeat for each instrument to which the form applies.]
SB439,5,2321 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.
SB439,6,324 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.
SB439,6,44 OWNER'S CERTIFICATION
SB439,6,95 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.
SB439,6,1010 Signed ....
SB439,6,1111 Dated ....
SB439,6,1212 ACKNOWLEDGEMENT
SB439,6,1313 State of ....
SB439,6,1414 County of ....
SB439,6,1515 Signed and affirmed before me on .... (date), by .... (name of owner).
SB439,6,1616 Signature of notary ....
SB439,6,1717 (Seal, if any, of notary)
SB439,6,1818 Printed name ....
SB439,6,1919 My commission expires: ....
SB439,6,2020 This instrument was drafted by: ....
SB439,6,2221 (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.
SB439,6 23Section 6. 895.12 of the statutes is created to read:
SB439,7,3
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).
SB439,7,8 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.
SB439,7,11 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.
SB439,7 12Section 7. Nonstatutory provisions.
SB439,7,1913 (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.
SB439,8 20Section 8 . Initial applicability.
SB439,7,2521 (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.
SB439,8,3
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.
SB439,9 4Section 9. Effective dates. This act takes effect on the day after publication,
5except as follows:
SB439,8,76 (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.
SB439,8,88 (End)
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