Date of enactment: March 22, 2024
2023 Senate Bill 439 Date of publication*: March 23, 2024
2023 WISCONSIN ACT 210
AN ACT to create 59.43 (9) (d) and 710.25 of the statutes; relating to: declaring discriminatory restrictions in instru-
ments that affect real property void and unenforceable and allowing an owner of real property to discharge and release
such a discriminatory restriction.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 3. 59.43 (9) (d) of the statutes is created to
read:
59.43 (9) (d) With regard to certifications to dis-
charge and release discriminatory restrictions under s.
710.25 (5) (a) related to previously filed or recorded doc-
uments, the register of deeds shall, if possible, include on
the previously filed or recorded documents a notation of
the document number of the certification, the date when
the certification is filed or recorded, and, if the certifica-
tion is assigned a volume and page number, the volume
and page where the certification is filed or recorded.
SECTION 5. 710.25 of the statutes is created to read:
710.25 Discriminatory restrictions prohibited.
(1) In this section, “discriminatory restriction” means 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 s. 106.50
(1m) (nm). “Discriminatory restriction” does not include
a restriction, covenant, or condition that prohibits or
restricts the ownership, transfer, encumbrance, rental,
occupancy, or use of real property on a basis that is
allowed under s. 106.50 (5m) (a) to (f) or 42 USC 3607.
(2) A discriminatory restriction contained in a deed
or other instrument affecting real property is void and
unenforceable.
(3) No person may file or record with, or present for
filing or recording to, a register of deeds a deed or other
instrument affecting real property that contains a dis-
criminatory restriction.
(4) A person that drafts a deed or other instrument
affecting real property may not include a discriminatory
restriction in the deed or instrument.
(5) (a) If real property is affected by a deed or other
instrument that contains a discriminatory restriction, an
owner of the real property may discharge and release the
discriminatory restriction from the owner’s real property
by recording a certification to discharge and release the
discriminatory restriction. Subject to s. 59.43 (2m), the
certification is entitled to record in the office of the regis-
ter of deeds in the county in which the owner’s real prop-
erty is located if the certification includes all of the fol-
lowing:
1. The signature of the owner.
2. An acknowledgement or authentication in accord-
ance with s. 706.06 or ch. 140.
3. The full legal description, as defined in s. 706.01
(7r), of the real property to which the certification relates.
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 210 2023 Senate Bill 439
4. The title of the deed or instrument that contains the
discriminatory restriction, the document number of the
deed or instrument, and, if given on the deed or instru-
ment, the volume and page where the deed or instrument
is filed or recorded.
(b) An owner of real property may record a single
certification under par. (a) to discharge and release dis-
criminatory restrictions from multiple deeds and instru-
ments that affect the real property. The certification shall
include the information specified under par. (a) 4. for
every deed or instrument to which the certification
applies.
(c) An owner of real property may make the certifica-
tion under par. (a) in substantially the following form:
DISCHARGE AND RELEASE
OF DISCRIMINATORY RESTRICTION
AFFECTING REAL PROPERTY
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 Wis-
consin statutes, contained in a deed or other instrument
affecting real property is void and unenforceable. Pur-
suant 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.
DISCHARGE AND RELEASE BY OWNER
I, .... (name of owner), certify all of the following:
That I own the following described real property
located in .... County, Wisconsin:
.... (property description)
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 ....
[Repeat for each instrument to which the form
applies.]
That the instrument(s) (contains) (contain) one or
more discriminatory restrictions that are void and unen-
forceable under section 710.25 of the Wisconsin statutes
and the Wisconsin and U.S. Constitutions.
That, pursuant to section 710.25 of the Wisconsin
statutes, the discriminatory restrictions are hereby dis-
charged 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.
OWNER’S CERTIFICATION
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 affect-
ing my real property that are void and unenforceable.
Signed ....
Dated ....
ACKNOWLEDGEMENT
State of ....
County of ....
Signed and affirmed before me on .... (date), by ....
(name of owner).
Signature of notary ....
(Seal, if any, of notary)
Printed name ....
My commission expires: ....
This instrument was drafted by: ....
(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.
SECTION 7. 0Nonstatutory provisions.
(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 discrim-
inatory restriction from real property that is affected by
a deed or other instrument that contains a discriminatory
restriction.
SECTION 8.0Initial applicability.
(1) DISCRIMINATORY RESTRICTIONS VOID; RETROAC-
TIVE 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.
SECTION 9.0Effective dates. This act takes effect on
the day after publication, except as follows:
(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.