AB444: Bill Text

AB444,,28 Pursuant to section 710.25 of the Wisconsin statutes, a restriction, covenant, or condition that prohibits or restricts the ownership, transfer, encumbrance, rental, occupancy, or use of real property in this state on the basis of membership in a protected class, as defined in the Wisconsin statutes, contained in a deed or other instrument affecting real property is void and unenforceable. Pursuant to section 710.25 of the Wisconsin statutes, any owner of real property may record this form to discharge and release such a discriminatory restriction from the owner’s real property.

AB444,,29 DISCHARGE AND RELEASE BY OWNER

AB444,,30 I, .... (name of owner), certify all of the following:

AB444,,31 That I own the following described real property located in .... County, Wisconsin:

AB444,,32 .... (property description)

AB444,,33 That the real property is affected by an instrument titled .... and recorded on .... (date), in the Office of the Register of Deeds for .... County, Wisconsin, in volume ...., at page ...., as document number ....

AB444,,34 [Repeat for each instrument to which the form applies.]

AB444,,35 That the instrument(s) (contains) (contain) one or more discriminatory restrictions that are void and unenforceable under section 710.25 of the Wisconsin statutes and the Wisconsin and U.S. Constitutions.

AB444,,36 That, pursuant to section 710.25 of the Wisconsin statutes, the discriminatory restrictions are hereby discharged and released from the real property, and the remainder of the instrument(s) (continues) (continue) in full force and effect with respect to the real property and shall be construed as if the discriminatory restrictions are not contained therein.

AB444,,37 OWNER’S CERTIFICATION

AB444,,38 The undersigned certifies that the information stated in this instrument is true and correct to the best of my knowledge, information, and belief. The undersigned makes this instrument for the purpose of discharging and releasing one or more discriminatory restrictions affecting my real property that are void and unenforceable.

AB444,,39 Signed ....

AB444,,40 Dated ....

AB444,,41 ACKNOWLEDGEMENT

AB444,,42 State of ....

AB444,,43 County of ....

AB444,,44 Signed and affirmed before me on .... (date), by .... (name of owner).

AB444,,45 Signature of notary ....

AB444,,46 (Seal, if any, of notary)

AB444,,47 Printed name ....

AB444,,48 My commission expires: ....

AB444,,49 This instrument was drafted by: ....

AB444,,50 (d) The department of administration shall prepare and provide copies of the form under par. (c) to the public by posting the form on the department’s website.

AB444,6 Section 6. 895.12 of the statutes is created to read:

AB444,,52 895.12 Discriminatory restrictions in real property instruments; injunctive relief. (1) In this section, “discriminatory restriction” has the meaning given in s. 710.25 (1).

AB444,,53 (2) If a person that drafts a deed or other instrument affecting real property includes a discriminatory restriction in the deed or instrument in violation of s. 710.25 (4), a grantee or other beneficiary of the deed or instrument may, in addition to any other remedies available under law, bring a civil action for injunctive relief against the person.

AB444,,54 (3) If a plaintiff prevails in an action under sub. (2), the court shall award to the plaintiff the costs of the action, including, notwithstanding s. 814.04 (1), reasonable attorney fees incurred in connection with the action.

AB444,7 Section 7. Nonstatutory provisions.

AB444,,56 (1) Legislative intent statement. Covenants in deeds and other instruments that are discriminatory based on race and other protected classes are unenforceable under the 1968 federal Fair Housing Act, 42 USC 3601 to 3631, and Wisconsin’s open housing law, s. 106.50, and are against the governmental purpose of allowing an owner of real property to discharge and release a discriminatory restriction from real property that is affected by a deed or other instrument that contains a discriminatory restriction.

AB444,8 Section 8. Initial applicability.

AB444,,58 (1) Discriminatory restrictions void; retroactive application. The treatment of s. 710.25 (2) first applies retroactively to a deed or other instrument that contains a discriminatory restriction, as defined in s. 710.25 (1), and that is created before, and applies to a deed or other instrument that contains a discriminatory restriction and that is created on or after, the effective date of this subsection.

AB444,,59 (2) Discriminatory restrictions in real property instruments; injunctive relief. The treatment of s. 895.12 first applies to a deed or other instrument that is drafted on the effective date of this subsection.

AB444,9 Section 9. Effective dates. This act takes effect on the day after publication, except as follows:

AB444,,61 (1) The treatment of ss. 59.43 (9) (d) and 710.25 (5) takes effect on the first day of the 5th month beginning after publication.

AB444,,62 (end)