SB 439

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.