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)

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.