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 1.3 of this bill eliminates provisions relating to the filing and recordation of a declaration of removal of a discriminatory restriction or prohibition. Instead, section 1.3 prescribes a procedure for removing a discriminatory restriction or prohibition from a written instrument relating to real property. Section 1.3 requires an interested person who wishes to remove a discriminatory restriction or prohibition from a written instrument to file a petition in the district court requesting that the court issue an order directing the county recorder to record a restrictive covenant modification document, which redacts from a written instrument any discriminatory restriction or prohibition identified by the court in its order. 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 1.3 requires the district court to issue an order directing the appropriate county recorder to record a restrictive covenant modification document. If the district court issues such an order, section 1.3 authorizes an interested person to record a restrictive covenant modification document by filing with the appropriate county recorder: (1) a restrictive covenant modification form; (2) a certified copy of the written instrument; and (3) a certified copy of the court order. Upon receipt of these documents, section 1.3 requires the county recorder to: (1) redact from the written instrument any language identified in the court order; (2) record and index the restrictive covenant modification document and restrictive covenant modification form; and (3) retain the original written instrument as a public record for historical purposes. Section 1 of this bill defines certain terms relating to the procedure prescribed by section 1.3. Section 2 of this bill makes a conforming change relating to the recordation of a restrictive covenant modification document or restrictive covenant modification form. Section 1.5 of this bill requires the Real Estate Division of the Department of Business and Industry to: (1) solicit recommendations concerning the design and contents of a restrictive covenant modification form; and (2) prescribe such a form. Section 2.5 of this bill makes appropriations to the University of Nevada, Las Vegas, and the University of Nevada, Reno, to pay costs associated with: (1) identifying, locating and mapping certain real property subject to a discriminatory restriction or prohibition; (2) removing discriminatory restrictions or prohibitions from written instruments using the procedure prescribed by section 1.3; (3) documenting certain information; and (4) providing education or outreach concerning the procedure prescribed by section 1.3. 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.

Statutes affected:
As Introduced: 111.237, 111.312, 111.2375
Reprint 1: 111.010, 111.237, 111.2375, 111.312
Reprint 2: 111.010, 111.237, 111.2375, 111.312
Reprint 3: 111.010, 111.237, 111.2375, 111.312
As Enrolled: 111.010, 111.237, 111.2375, 111.312
BDR: 111.237, 111.312, 111.2375