Background

Offensive, discriminatory covenants based on race and other protected classes appear in deeds and subdivision restrictions and covenants throughout Wisconsin. While the language is illegal under modern laws, this language haunts the title records and title commitment reports that buyers review when they purchase such properties. 

The 1968 Fair Housing Act and Wisconsin’s Open Housing Law prohibit these covenants, but these laws do not erase discriminatory restrictions from property deeds and title records. Seeing such discriminatory language often stuns and offends potential buyers, adding more tension to the homebuying process that’s already filled with emotion.

Four Wisconsin lawmakers recently introduced bipartisan legislation to create a legal process to allow an owner of real property affected by a deed or other instrument containing a discriminatory restriction to record a certification with the register of deeds to discharge and release the restriction from the property. 

While the legislation does not remove the discriminatory language from the title, it empowers the property owner to take action by recording a document against the language when a discriminatory restriction is recorded on their land.  

Legislation authors

• Sen. Joan Ballweg (R–Markesan)
• Rep. Kalan Haywood (D–Milwaukee) 
• Sen. LaTonya Johnson (D–Milwaukee)
• Rep. Todd Novak (R–Dodgeville)

Legislation status 

Legislation is being prepared for introduction and action this fall.