Cal. Civ. Code § 710.25
Discriminatory restrictions prohibited.
Operative Text
710.25 Discriminatory restrictions prohibited. (1) In this section, “discriminatory restriction” means a restriction, covenant, or condition that prohibits or restricts the ownership, transfer, encumbrance, rental, occupancy, or use of real property on the basis of being a member of a protected class, as defined in s. 106.50 (1m) (nm). “Discriminatory restriction” does not include a restriction, covenant, or condition that prohibits or restricts the ownership, transfer, encumbrance, rental, occupancy, or use of real property on a basis that is allowed under s. 106.50 (5m) (a) to (f) or 42 USC 3607. (2) A discriminatory restriction contained in a deed or other instrument affecting real property is void and unenforceable. (3) No person may file or record with, or present for filing or recording to, a register of deeds a deed or other instrument affecting real property that contains a discriminatory restriction. (4) A person that drafts a deed or other instrument affecting real property may not include a discriminatory restriction in the deed or instrument. (5) (a) If real property is affected by a deed or other instrument that contains a discriminatory restriction, an owner of the real property may discharge and release the discriminatory restriction from the owner’s real property by recording a certification to discharge and release the discriminatory restriction. Subject to s. 59.43 (2m) and (2s) (a) and upon payment of any applicable fee under s. 59.43 (2), the certification is entitled to be recorded in the office of the register of deeds in the county in which the owner’s real property is located if the certification includes all of the following: 1. The signature of the owner. 2. An acknowledgement or authentication in accordance with s. 706.06 or ch. 140. 3. The full legal description, as provided under s. 59.43 (2s) (a), of the real property to which the certification relates. 4. The title and document number of the deed or instrument that contains the discriminatory restriction. (b) An owner of real property may record a single certification under par. (a) to discharge and release discriminatory restrictions from multiple deeds and instruments that affect the real property. The certification shall include the information specified under par. (a) 4. for every deed or instrument to which the certification applies. (c) An owner of real property may make the certification under par. (a) in substantially the following form: (d) The department of administration shall prepare and provide copies of the form under par. (c) to the public by posting the form on the department’s website.
Wisconsin Statute § 710.25 declares that any clause in a deed or other real property instrument that restricts ownership, transfer, rental, occupancy, or use based on a person's membership in a protected class is legally void and has no force. No one may file, record, or draft such a discriminatory restriction into a property document. Property owners who discover that an old deed affecting their land contains such a clause have a formal process available to record a certification that officially discharges and releases that restriction from their title.
Plain English — not legal advice.
Under Wis. Stat. § 710.25, property owners and managers who draft, prepare, or record deeds and other instruments affecting real property are prohibited from including any clause that restricts ownership, rental, or occupancy on the basis of a protected class. Compliant operators review instruments before filing them with a register of deeds to ensure no such language is present. If a property's chain of title contains a legacy discriminatory restriction, § 710.25(5) provides a certification process—using a form available from the Wisconsin Department of Administration—that allows the owner to formally discharge and release that restriction by recording the certification in the county register of deeds.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wis. Stat. § 710.25 protects prospective and current tenants by rendering unenforceable any deed restriction that would bar rental or occupancy based on protected-class membership, meaning a landlord cannot rely on such a clause to justify refusing to rent or to limit occupancy. Tenants who believe a discriminatory restriction is being used against them may raise its unenforceability as a defense in any proceeding where it is invoked, and may also explore filing a fair housing complaint under Wisconsin's open housing law, s. 106.50, with the relevant state or local agency. Tenant-rights organizations and legal aid offices can help individuals understand how § 710.25 interacts with other fair housing protections available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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