RCW 49.60.525
Review of existing recorded covenants and deed restrictions to identify documents that include racial or other unlawful restrictions on property ownership. (Expires July 1, 2027.)
(1) Subject to the availability of amounts appropriated for this specific purpose, the University of Washington and Eastern Washington University shall review existing recorded covenants and deed restrictions to identify those recorded documents that include racial or other restrictions on property ownership or use against protected classes that are unlawful under RCW 49.60.224. For properties subject to such racial and other unlawful restrictions, the universities shall provide notice to the property owner and to the county auditor of the county in which the property is located. The universities shall provide information to the property owner on how such provisions can be struck pursuant to RCW 49.60.227. The universities may contract with other public and private not-for-profit higher education institutions that are regionally accredited to carry out the review and notification requirements of this section.
(2) This section expires July 1, 2027.
[ 2021 c 256 § 2.]
NOTES:
Findings—Intent—2021 c 256: "The legislature finds that the existence of racial, religious, or ethnic-based property restrictions or covenants on a deed or chain of title for real property is like having a monument to racism on that property and is repugnant to the tenets of equality. Furthermore, such restrictions and covenants may cause mental anguish and tarnish a property owner's sense of ownership in the property because the owner feels as though they have participated in a racist act themselves.
It is the intent of the legislature that the owner, occupant, or tenant or homeowners' association board of the property which is subject to an unlawful deed restriction or covenant pursuant to RCW 49.60.224 is entitled to have discriminatory covenants and restrictions that are contrary to public policy struck from their chain of title. The legislature has presented two ways this can be accomplished through RCW 49.60.227(1) (a) and (b). If the owner, occupant, or tenant or homeowners' association board of the property elects to pursue a judicial remedy, the legislature intends that the court issue a declaratory judgment ordering the county auditor, or in charter counties the county official charged with the responsibility for recording instruments in the county records, to entirely strike the racist or otherwise discriminatory covenants from the chain of title. Striking the language does not prevent preservation of the original record, outside of the chain of title, for historical or archival purposes.
The legislature finds that striking racist, religious, and ethnic restrictions or covenants from the chain of title is no different than having an offensive statutory monument which the owner may entirely remove. So too should the owner be able to entirely remove the offensive written monument to racism or other unconstitutional discrimination." [ 2021 c 256 § 1.]
Application—2021 c 256: "This act applies to real estate transactions entered into on or after January 1, 2022." [ 2021 c 256 § 5.]
Structure Revised Code of Washington
Chapter 49.60 - Discrimination—Human Rights Commission.
49.60.010 - Purpose of chapter.
49.60.020 - Construction of chapter—Election of other remedies.
49.60.030 - Freedom from discrimination—Declaration of civil rights.
49.60.050 - Commission created.
49.60.051 - Board name changed to Washington State Human Rights Commission.
49.60.060 - Membership of commission.
49.60.070 - Compensation and reimbursement for travel expenses of commission members.
49.60.090 - Offices of commission.
49.60.100 - Reports of commission.
49.60.110 - Commission to formulate policies.
49.60.120 - Certain powers and duties of commission.
49.60.130 - May create advisory agencies and conciliation councils.
49.60.140 - Commission may hold hearings and subpoena witnesses.
49.60.150 - Witnesses compelled to testify.
49.60.160 - Refusals may be punished as contempt of court.
49.60.170 - Witness fees—Deposition fees.
49.60.172 - Unfair practices with respect to HIV or hepatitis C infection.
49.60.174 - Evaluation of claim of discrimination—Actual or perceived HIV or hepatitis C infection.
49.60.175 - Unfair practices of financial institutions.
49.60.176 - Unfair practices with respect to credit transactions.
49.60.178 - Unfair practices with respect to insurance transactions.
49.60.180 - Unfair practices of employers.
49.60.190 - Unfair practices of labor unions.
49.60.200 - Unfair practices of employment agencies.
49.60.205 - Age discrimination—Limitation.
49.60.208 - Unfair practice—Religious affiliation disclosure.
49.60.220 - Unfair practice to aid violation.
49.60.222 - Unfair practices with respect to real estate transactions, facilities, or services.
49.60.225 - Relief for unfair practice in real estate transaction—Damages—Penalty.
49.60.226 - Cooperative agreements between units of government for processing complaints.
49.60.230 - Complaint may be filed with commission.
49.60.240 - Complaint investigated—Procedure—Conference, conciliation—Agreement, findings—Rules.
49.60.260 - Enforcement of orders of administrative law judge—Appellate review of court order.
49.60.270 - Appeal from orders of administrative law judge.
49.60.280 - Court shall expeditiously hear and determine.
49.60.310 - Misdemeanor to interfere with or resist commission.
49.60.320 - Governor may act on orders against state or political subdivisions.
49.60.340 - Election for civil action in lieu of hearing—Relief.
49.60.350 - Temporary or preliminary relief—Superior court jurisdiction—Petition of commission.
49.60.380 - License waiver for dog guide and service animals.
49.60.390 - Rule-making authority—Deadline—1997 c 271.
49.60.400 - Discrimination, preferential treatment prohibited.
49.60.401 - Short title—1999 c 3.
49.60.405 - Distinction or differential treatment—When authorized.
49.60.500 - Community athletics programs—Sex discrimination prohibited—Definitions.
49.60.505 - Community athletics programs—Nondiscrimination policy required.
49.60.510 - Privileged health information—Noneconomic damages—Waivers.
49.60.520 - Television closed-captioning in places of public accommodation.