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H.F. No. 51 - Discharge of restrictive covenants related to protected classes
Author: Senator Jeff Hayden
Prepared By: Priyanka Premo, Senate Counsel (651/296-3914)
Date: March 4, 2019



H.F. 51[1] provides owners of real property with a statutory form to use to discharge a restrictive covenant related to a protected class.


Section 1 adds “national origin” to a list of class of persons who cannot be discriminated against in real property conveyances.

Section 2 clarifies that a restrictive covenant based on religious faith, creed, national origin, race, or color is void regardless of the year it was executed.

Section 3 defines the term “protected class.”

Section 4 authorizes an owner of real property to record a statutory form with the county recorder to discharge a restrictive covenant related to a protected class; clarifies that a restrictive covenant is void regardless of whether a specific form is filed and if a form is recorded, other terms in the written instrument remain in full effect.

Section 5 requires the county record to accept the form if certain requirements are met; requires the commissioner of commerce to provide free electronic copies of the form; provides the statutory form titled “Discharge of Restrictive Covenant Affecting Protected Classes.”

[1] H.F. 51 passed the House and was transmitted to the Senate. Senate Rule 45, paragraph (b) states: “If there is a Senate companion bill, the House bill must be referred to the standing committee possessing the Senate companion.” H.F. 51 was referred to the Senate Judiciary committee because it possesses the Senate companion bill (S.F. 465). The bill before the committee contains the language as it was passed of the House floor.

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