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Saturday, April 23, 2005
Law - Restrictive Covenants Stubbornly Stay on the Books
"Restrictive Covenants Stubbornly Stay on the Books" is the headline to a story published Thursday in the NY Times. It begins:
RICHMOND, Va. — Nealie Pitts was shopping for a house for her son three years ago when she spotted a for-sale sign in front of a modest brick bungalow here. When she stopped to ask the owner about it, at first she thought she misheard his answer."This house is going to be sold to whites only," said the owner, Rufus Matthews, according to court papers filed by Ms. Pitts, who is African-American. "It's not for colored."
Mr. Matthews later testified before the Virginia Fair Housing Board that he believed a clause in his deed prohibited him from selling to a black buyer. A 1944 deed on his property restricts owners from selling to "any person not of the Caucasian race."
Such clauses have been unenforceable for nearly 60 years. But historians who track such things say that thousands of racist deed restrictions, as well as restrictive covenants governing homeowner associations, survive in communities across the country.
Now, a handful of critics say it is time to wipe the covenants off the books. * * * The Supreme Court ruled against racially restrictive covenants in 1948, and they were outlawed by the federal Fair Housing Act of 1968. But because so many of them remain in deeds and neighborhood bylaws, some states, including California, have moved to eliminate them. Advocates for their removal reason that the restrictions, even if illegal, provide justification for subtle racism - or, as in Mr. Matthews's case, outright discrimination. (Mr. Matthews declined to comment.)
Posted by Marcia Oddi on April 23, 2005 07:58 AM
Posted to General Law Related