TITLE 55

PROPERTY IN GENERAL

CHAPTER 6

TRANSFER OF REAL PROPERTY

55-616.  Prohibition and Removal of restrictive covenants. (1) Every provision in a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, occupancy, or lease thereof to individuals because of race, color, ethnicity, or national origin and every condition, restriction, or prohibition, including a right of entry or possibility of reverter, that directly or indirectly limits the use or occupancy of real property on the basis of race, color, ethnicity, or national origin is void.

(2)  It shall be unlawful to insert in a written instrument relating to real property a provision that is void under this section or to honor or attempt to honor such a provision in the chain of title.

(3)  The owner or tenant of property subject to a written instrument that contains a provision that is void pursuant to subsection (1) of this section may record a restrictive covenant modification document with the county clerk in the county in which the property is located. Such modification document shall be a standard form developed and designed by the county clerk. Each county clerk shall make available in the county clerk’s office instructions on how to record a restrictive covenant modification document and shall provide such instructions on the county website, if applicable.

(4)  The modification document shall contain a recording reference to the original written instrument and a legal description of the property, and the owner or tenant who causes to be recorded a modification document shall clearly state the person’s name on the modification document and shall execute the modification document prior to recordation. Except for a modification regarding a provision that is void pursuant to subsection (1) of this section, no other modifications shall be allowed on a restrictive covenant modification form.

(5)  The modification document must state, in part: "The referenced original written instrument contains discriminatory provisions that are void and unenforceable under Section 55-616, Idaho Code, and federal law. This document strikes from the referenced original instrument all provisions based on race, color, ethnicity, or national origin that are void and unenforceable under law."

(6)  The effective date of the modification document shall be effective as of the date of the original document and shall supersede the discriminatory language in the original written instrument.

(7)  If the owner or tenant causes to be recorded a modification document that contains modifications not authorized by this section, the county clerk shall not incur liability for recording the document. Any liability that may result is the sole responsibility of an owner or tenant who willfully causes the recordation with modifications not authorized by this section.

(8)  No filing or recording fees or otherwise authorized surcharges shall be required for the filing of a modification document pursuant to this section.

(9)  Nothing in this section shall affect the provisions of section 67-5909(10), Idaho Code.

History:

[55-616, added 2022, ch. 159, sec. 1, p. 547.]