Declaring discriminatory restrictions in instruments that affect real property void and unenforceable and allowing an owner of real property to discharge and release such a discriminatory restriction. (FE)
Impact
If enacted, the bill would modify existing statutes related to property transactions by giving individuals the right to challenge and seek the removal of discriminatory language from property deeds and instruments. Under the new law, someone affected by such restrictions could file a civil action for injunctive relief against those who draft or record these discriminatory terms. This also allows community members more agency in rectifying past injustices related to property ownership.
Summary
Senate Bill 439 aims to address discriminatory restrictions in real property instruments by declaring such restrictions void and unenforceable. The bill specifies that any covenant or condition that prohibits or restricts the ownership, transfer, rental, or use of real property based on membership in a protected class, as defined by Wisconsin's open housing law, is invalid. This is part of a broader effort to eliminate discrimination within property ownership and real estate transactions in the state.
Contention
Notable points of contention regarding SB439 may arise around the practical implications of enforcing this law. There could be concerns about the legal implications for those drafting property documents who inadvertently include discriminatory language, as well as the administrative burden on registers of deeds required to implement these guidelines. Additionally, discussions may emerge regarding the adequacy of defined protected classes and the effectiveness of the civil remedies available to beneficiaries. The bill seeks to balance the protection against discrimination with the rights of property owners and the responsibilities of legal professionals.
Providing that covenants, conditions or restrictions established between January 1, 1948, and December 31, 1958, that restrict the use of real property owned by state educational institutions for only single-family residence purposes and contain discriminatory provisions to restrict ownership or tenancy by race are against public policy and therefore void.
Providing that covenants, conditions or restrictions established between January 1, 1948, and December 31, 1958, that restrict the use of real property owned by state educational institutions for only single-family residence purposes and contain discriminatory provisions to restrict ownership or tenancy by race are against public policy and void.