FINAL BILL REPORT

SSB 5371

                                   C 56 L 87

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

Authorizing actions to remove discriminatory covenants from property deeds.

Senate Committee on Judiciary

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

Some deeds and other written instruments pertaining to real property contain covenants and restrictions which 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, are repugnant to many property owners and interfere with their free enjoyment of ownership.

SUMMARY:

An owner of property subject to a discriminatory covenant or restriction may have the provision removed from the public records by bringing an in rem declaratory judgment action in the superior court of the county in which the property is located.  The title of the action shall be the description of the property, and the necessary party to the action shall be the property owner.  The fee for filing the action is $20.  If the court finds any provision of the written instrument pertaining to the real property void under RCW 49.60.224, it shall enter an order striking the provision from the public records and eliminating it from the property title.

VOTES ON FINAL PASSAGE:

      Senate    45     0

      House 97   0

EFFECTIVE:July 26, 1987