For Immediate Release
Organizations Support ULC’s Uniform Act for Discriminatory Covenants
Washington, DC, August 1, 2023 — The American Land Title Association (ALTA), Just Deeds, Mapping Prejudice, the Minnesota County Recorder’s Association, the Mortgage Bankers Association and the Property Records Industry Association, endorse and commend the Uniform Law Commission (ULC) for developing model legislation to address illegal discriminatory covenants recorded in public records.
The ULC’s model act, called the Uniform Unlawful Restrictions in Land Records Act, provides a mechanism for repudiation by homeowners of discriminatory covenants placed in property records prior to the U.S. Supreme Court case Shelley v Kraemer and the enactment of fair housing laws, while retaining the capability for universities and non-profits to study these historic records and their impact.
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 (CC&Rs). While state lawmakers have considered various legislative approaches to address illegal and unenforceable discriminatory covenants in public land records, prior to this, there was no model or uniform legislative approach for empowering people to address unlawful discriminatory covenants in land records pertaining to their property.
These organizations commend the Uniform Law Commission for their leadership on this important topic. We endorse the model legislation and look forward to its adoption by the ULC, introduction in state legislatures and ultimate passage around the country.
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About ALTA
The American Land Title Association, founded in 1907, is a national trade association representing more than 6,500 title insurance companies, title and settlement agents, independent abstracters, title searchers and real estate attorneys. ALTA members conduct title searches, examinations, closings and issue title insurance that protects real property owners and mortgage lenders against losses from defects in titles.
Contact: Megan Hernandez
Office: 202-261-0315
Email: mhernandez@alta.org