HOUSE BILL REPORT

SSB 5371

BYSenate Committee on Judiciary (originally sponsored by Senators Fleming, Talmadge, Wojahn, McDermott, Rasmussen and Kreidler)

Authorizing actions to remove discriminatory covenants from property deeds.

House Committe on Judiciary

Majority Report:  Do pass.  (14)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, Heavey, P. King, Moyer, Niemi, Padden, Patrick, Schmidt, Scott, Wang and Wineberry.

House Staff:Charlie Gavigan (786-7340)

AS PASSED HOUSE APRIL 8, 1987

BACKGROUND:

Some deeds and other written instruments pertaining to real property contain covenants and restrictions which purport to restrict or forbid the conveyance, encumbrance, occupancy, or lease of property to individuals of a particular race, creed, color, national origin, or with any sensory, mental, or physical handicap.  These covenants, while void and unenforceable, still exist in the written instrument.

SUMMARY:

A property owner may bring a civil action in superior court to remove discriminatory covenants and restrictions from instruments pertaining to real property.  Necessary parties to the action are those individuals who have an ownership or lien interest in the property.

An owner of property subject to a discriminatory covenant or restriction may cause the discriminatory provision to be stricken from the public records by brining an action in the superior court of the county in which the property is located.  If the court finds any provision of the written instrument pertaining to the real property void under laws dealing with discrimination, it shall enter an order striking the provision from the public records and eliminating them from the property title.

Fiscal Note:      Attached.

House Committee ‑ Testified For:    None Presented.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    None Presented.

House Committee - Testimony Against:      None Presented.