Background
In the early part of the 20th century, discriminatory covenants barring the sale or lease of property based on race, ethnicity or religion were inserted in some property records as part of deeds, plats and covenants, conditions, and restrictions. Two decades after the landmark US Supreme Court case Shelley v. Kraemer established racially restrictive covenants were unenforceable under the 14th Amendment, the federal Fair Housing Act of 1968 made discriminatory covenants illegal and unenforceable.
Previously, there was no current model law or uniform legislative approach to address previously recorded discriminatory covenants that still exist in public land records, which resulted in state lawmakers considering one or more legislative approaches to address illegal and unenforceable discriminatory covenants in public land records. As of late 2023, the Uniform Law Commission has finalized a model approach to address this issue. Please find the act under state legislative tools below.
ALTA Position
ALTA is strongly opposed to any form of housing discrimination and is committed to proactively working toward solutions that protect the property rights of all homeowners.
Federal Legislation
ALTA has endorsed federal legislation introduced by Senator Tina Smith (D-MN) to fund the research and study of discriminatory covenants in land records.
State Legislative Tools
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Housing Discrimination: Addressing Illegal Covenants in Historic Land Records
- ULC Unlawful Restrictions in Land Records Act
Discriminatory Covenants Articles
A Painful Past: ALTA Helps Find Solutions to Illegal Covenants in Public Records
Racially restrictive covenants are an unfortunate legacy of racism in America. Their use not only segregated our society, but also hindered minority families’ ability to access the greatest source of wealth in this country: homeownership. We know the Fair Housing Act made discriminatory covenants explicitly illegal, but they still exist in public records. Read on to learn about a federal bill that’s been introduced and what ALTA is doing to help find solutions.