HB 2869 Summary

• Establishes the "Freedom in Housing Act" to allow removal of unlawful restrictive covenants from property records, defining unlawful restrictions as those based on race, color, religion, national origin, sex, familial status, disability, or other personal characteristics that violate state or federal law.

• Permits individual property owners to file amendments with the county recorder to remove unlawful restrictions from their property only, and allows governing bodies of homeowner associations and condominiums to remove unlawful restrictions from governing instruments without requiring a member vote.

• Requires amendments to identify the owner, affected property, and original document; include a conspicuous statement that the amendment removes an unlawful restriction; and be executed, acknowledged, and recorded in the county where the property is located.

• Mandates county recorders to record amendments, add them to the index, and cross-reference them to original documents, while protecting recorders and counties from liability for recording amendments under this article.

• Does not affect the validity of restrictions that are not unlawful, and amendments do not republish restrictions that would otherwise expire by passage of time.