Wisconsin Legislative Council
ACT MEMO
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Prepared by: Abby Gorzlancyk, Staff Attorney March 26, 2024
2023 Wisconsin Act 210
[2023 Senate Bill 439]
Discriminatory Restrictions in
Instruments Affecting Real
Property
2023 WISCONSIN ACT 210
2023 Wisconsin Act 210 generally prohibits the use of discriminatory restrictions in instruments and
deeds affecting real property. It 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.
1
The act states that discriminatory
restrictions are void and null, prohibits persons from filing or recording instruments with
discriminatory restrictions, and prohibits persons from drafting a discriminatory statement in an
instrument.
The act 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. It 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.
Effective date: March 24, 2024, except for provisions relating to filing and recording a certificate of
discharge and release of discriminatory restrictions, which take effect September 1, 2024.
For a full history of the bill, visit the Legislature’s bill history page.
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1
“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, stalking, lawful source of income, age, or ancestry. [s. 106.50 (1m) (nm), Stats.]