Wisconsin Legislative Council
AMENDMENT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Memo published: January 25, 2024 Contact: Abby Gorzlancyk, Staff Attorney
2023 Assembly Bill 444 Assembly Amendment 1
2023 ASSEMBLY BILL 444
2023 Assembly Bill 444 generally prohibits the use of discriminatory restrictions in instruments and
deeds of real property. First, the bill defines a discriminatory restriction to mean a restriction, covenant,
or condition that prohibits or restricts the ownership, transfer, encumbrance, rental, occupancy, or use
of real property on the basis of membership in a protected class as defined in s. 106.50 (1m) (nm),
Stats.
1
The bill states that discriminatory restrictions are void and null, prohibits persons from filing or
recording instruments with discriminatory restrictions, and prohibits drafting a discriminatory
statement in an instrument.
The bill authorizes a county register of deeds to reject a new instrument with a discriminatory
restriction and allows the register of deeds to either return the instrument unrecorded or obscure the
discriminatory restriction so it is not discernable.
The bill also allows an owner of real property with an instrument that contains a discriminatory
restriction to record a certificate to discharge and release the discriminatory restriction from the
instrument. The bill details the information that must be in the certificate and includes a sample
certificate form. Additionally, when a certificate to discharge and release is filed, the register of deeds
must, if possible, include on the previously filed or recorded document a notation of the document
number of the certificate, when the certificate was filed or recorded, and the volume and page number
of the certificate if assigned.
Lastly, the bill allows a grantee or beneficiary of a deed to pursue a civil action for injunctive relief
against a person that drafts an instrument affecting real property that includes a discriminatory
restriction, in addition to any other remedies under law. If the plaintiff prevails, the bill requires courts
award the plaintiff costs including reasonable attorney fees.
ASSEMBLY AMENDMENT 1
Assembly Amendment 1 makes two main changes to the bill. First, the bill removes the authority of a
register of deeds to reject a new instrument with a discriminatory statement and removes the register of
deeds’ ability to either return the instrument unfiled or obscure the discriminatory statement. Second,
the bill removes the civil action for injunctive relief against a drafter of an instrument with a
discriminatory statement.
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“Member of a protected class” is defined as a group of natural persons or person who may be categorized because of
sex, race, color, disability, sexual orientation, religion, national origin, marital status, family status, status as a victim of
domestic abuse, or stalking, lawful source of income, age, or ancestry. [s. 106.50 (1m) (nm), Stats.] - 2 -
BILL HISTORY
Assembly Amendment 1 was offered by Representative Novak on January 22, 2024. On January 24,
2024, the Assembly Committee on Housing and Real Estate recommended adoption of the amendment
and passage of the bill, as amended, on consecutive votes of Ayes, 15; Noes, 0.
For a full history of the bill, visit the Legislature’s bill history page.
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