SF 559

1st Engrossment - 94th Legislature (2025 - 2026) Posted on 02/11/2025 08:47am

A bill for an act
relating to real property; prohibiting the charging of fees for homeowners to remove
certain restrictive covenants; amending Minnesota Statutes 2024, section 507.18,
subdivisions 5, 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 507.18, subdivision 5, is amended to read:

Subd. 5.

Discharge of restrictive covenants related to protected classes.

The owner
of any interest in real property may record new text begin , at no cost, new text end the statutory form provided in
subdivision 6 in the office of the county recorder of any county where the real property is
located to discharge and release a restrictive covenant related to a protected class permanently
from the title. This subdivision does not apply to real property registered under chapters
508 and 508A. The discharge of the restrictive covenant is valid and enforceable under the
law of Minnesota when the statutory form provided in subdivision 6 is properly recorded,
but the instrument containing such restrictive covenants shall have full force in all other
respects and shall be construed as if no such restrictive covenant were contained therein. A
restrictive covenant affecting a protected class is void regardless of whether a statutory form
as provided for in this section has been recorded in the office of the county recorder in the
county where the real property affected by the restrictive covenant is located.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2024, section 507.18, subdivision 6, is amended to read:

Subd. 6.

Filing; recording.

(a) The county recorder must accept the statutory form
provided in this subdivision for recording when the form:

(1) has been executed before a notary;

(2) contains the legal description of the real property affected by the restrictive covenant
related to a protected class;

(3) contains the date of recording of the instrument containing the restrictive covenant,
and the volume and page number or document number of the instrument; and

(4) complies with all other recording requirements deleted text begin , and applicable recording fees have
been paid deleted text end .

(b) The commissioner of commerce must provide electronic copies of the statutory form
in this subdivision to the public deleted text begin free of deleted text end new text begin at no new text end cost.

(c) The recording of this form does not alter or affect the duration or expiration of
covenants, conditions, or restrictions under section 500.20 and may not be used to extend
the effect of a covenant, condition, or restriction.

(d) The statutory form that follows may be used to discharge restrictive covenants on
property that limit the ownership, occupancy, use, or financing based on protected class:

DISCHARGE OF RESTRICTIVE COVENANT AFFECTING PROTECTED CLASSES

Pursuant to Minnesota Statutes, section 507.18, any restrictive covenant affecting a
protected class, including covenants which were placed on the real property with the intent
of restricting the use, occupancy, ownership, or financing because of a person's race, color,
creed, national origin, or religious beliefs, is discharged and released from the land described
herein.

State of Minnesota, County of ....................

I/we, .............................................................................................., having an ownership
or other interest in all or part of the real property described herein, solemnly swear that the
contents of this form are true to the best of my/our knowledge, except as to those matters
stated on information and belief, and that as to those matters I/we believe them to be true.

Name and Address of Owner(s) .............................................................................................

The real property owned by owner(s) is located in ................................. County,
Minnesota, and is legally described as follows:

OWNER(s), ...................................................................................., swears and affirms
that Owner(s) is/are 18 years of age or older and is/are not under any legal incapacity and
that the information provided in this form is true and correct based on the information
available and based on reasonable information and belief:

(1) a restrictive covenant which had the intent to restrict the use, occupancy, ownership,
or financing of this property based on a protected class, including race, color, creed, national
origin, or religion, existed at one time related to the property described in this form;

(2) the restrictive covenant is contained in an instrument dated ........................., and
recorded as Document Number ....................... (or in Book ............... of .............., Page........)
in the Office of the County Recorder of .................., Minnesota;

(3) restrictive covenants relating to or affecting protected classes are unenforceable and
void pursuant to Minnesota Statutes, sections 507.18 and 363A.09, the United States
Constitution, and the Minnesota Constitution;

(4) Minnesota Statutes, section 507.18, provides for the discharge of a restrictive covenant
of the nature described herein through the use of this statutory form to permanently discharge
such covenants from the land described herein and release the current and future landowner(s)
from any such restrictive covenant related to or affecting protected classes;

(5) the instrument containing such restrictive covenants shall have full force in all other
respects and shall be construed as if no such restrictive covenant was contained therein; and

(6) the filing of this form does not alter or change the duration or expiration of covenants,
conditions, or restrictions under Minnesota Statutes, section 500.20.

The affiant(s) know(s) the matters herein stated are true and make(s) this affidavit for
the purpose of documenting the discharge of the illegal and unenforceable restrictive
covenants affecting protected classes.

	.
	Affiant (Owner(s) Signature)
Signed and sworn before me on ........................ (Date), by
. (Affiant/Owner)
	.
	Signature of Notary
Stamp
My commission expires .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end