Existing law provides that any restriction or prohibition in a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, leasing or mortgaging of the real property or purports to limit, restrict or prohibit the use or occupation of the real property on the basis of race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation or gender identity or expression is void and unenforceable by operation of law. Existing law authorizes an owner of real property that is subject to such a restriction or prohibition to record a declaration of removal of the discriminatory restriction or prohibition by filing a declaration form with the county recorder of the county in which the real property is located. If an owner files such a form, existing law requires the county recorder to attach the declaration form to the original recorded instrument to indicate that the discriminatory restriction or prohibition is void. (NRS 111.237)
Section 1 of this bill eliminates provisions relating to the filing and recordation of a declaration of removal of a discriminatory restriction or prohibition. Instead, section 1 authorizes an owner and certain other interested persons to file a petition in the district court requesting that the court issue an order directing the county recorder to redact from an original written instrument a restriction or prohibition that is void and unenforceable by operation of law. If, after considering such a petition and any objections, the district court determines that a restriction or prohibition identified in a petition is void and unenforceable by operation of law, section 1 requires the district court to issue an order directing the appropriate county recorder to redact the restriction or prohibition from the original written instrument. Upon the issuance of such an order, section 1 requires the county recorder to redact the restriction or prohibition from the original written instrument. Sections 2 and 4 of this bill make conforming changes relating to the elimination of the provisions concerning the filing and recordation of a declaration of removal of a discriminatory restriction or prohibition. Section 3 of this bill requires each county recorder in this State to provide certain notice to each owner who recorded a declaration of removal of a discriminatory restriction or prohibition with the office of the county recorder.