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<div class="gmail-td-post-header"><ul class="gmail-td-category"><li class="entry-category"><a href="http://atlantablackstar.com/category/race/"></a></li></ul><header class="gmail-td-post-title"><h1 class="entry-title">Undoing the Dirty Deed: How ‘Whites Only’ Language from Restrictive Housing Covenants Remain on Deeds Across The Country</h1><div class="gmail-td-module-meta-info"><div class="gmail-td-post-author-name"><div class="gmail-td-author-by">By</div> <a href="http://atlantablackstar.com/author/damarij/">D. Amari Jackson</a><div class="gmail-td-author-line"> -</div></div> <span class="gmail-td-post-date"><time class="entry-date gmail-updated gmail-td-module-date" datetime="2018-04-22T10:00:29+00:00">April 22, 2018</time></span><div class="gmail-td-post-comments"><a href="http://atlantablackstar.com/2018/04/22/undoing-dirty-deed-whites-language-restrictive-housing-covenants-remains-deeds-across-country/#respond"><i class="gmail-td-icon-comments"></i>0</a></div><div class="gmail-td-post-views"><i class="gmail-td-icon-views"></i><span class="gmail-td-nr-views-411987">351</span></div></div></header></div><div class="gmail-td-post-sharing gmail-td-post-sharing-top gmail-td-with-like"><div class="gmail-td-default-sharing"> <a class="gmail-td-social-sharing-buttons gmail-td-social-facebook" href="http://www.facebook.com/sharer.php?u=http%3A%2F%2Fatlantablackstar.com%2F2018%2F04%2F22%2Fundoing-dirty-deed-whites-language-restrictive-housing-covenants-remains-deeds-across-country%2F"><i class="gmail-td-icon-facebook"></i><div class="gmail-td-social-but-text">Share on Facebook</div></a> <a class="gmail-td-social-sharing-buttons gmail-td-social-twitter" href="https://twitter.com/intent/tweet?text=Undoing+the+Dirty+Deed%3A+How+%E2%80%98Whites+Only%E2%80%99+Language+from+Restrictive+Housing+Covenants+Remain+on+Deeds+Across+The+Country&url=http%3A%2F%2Fatlantablackstar.com%2F2018%2F04%2F22%2Fundoing-dirty-deed-whites-language-restrictive-housing-covenants-remains-deeds-across-country%2F&via=atlblackstar"><i class="gmail-td-icon-twitter"></i><div class="gmail-td-social-but-text">Tweet on Twitter</div></a> <a class="gmail-td-social-sharing-buttons gmail-td-social-google" href="http://plus.google.com/share?url=http://atlantablackstar.com/2018/04/22/undoing-dirty-deed-whites-language-restrictive-housing-covenants-remains-deeds-across-country/"><i class="gmail-td-icon-googleplus"></i></a> <a class="gmail-td-social-sharing-buttons gmail-td-social-pinterest" href="http://pinterest.com/pin/create/button/?url=http://atlantablackstar.com/2018/04/22/undoing-dirty-deed-whites-language-restrictive-housing-covenants-remains-deeds-across-country/&media=http://atlantablackstar.com/wp-content/uploads/2018/03/We_want_white_tenants.jpg&description=Undoing+the+Dirty+Deed%3A+How+%E2%80%98Whites+Only%E2%80%99+Language+from+Restrictive+Housing+Covenants+Remain+on+Deeds+Across+The+Country"><i class="gmail-td-icon-pinterest"></i></a> </div><div class="gmail-td-classic-sharing"><ul><li class="gmail-td-classic-facebook"></li><li class="gmail-td-classic-twitter"> </li></ul></div></div><div class="gmail-td-post-content"><figure id="gmail-attachment_337631" style="width:300px" class="gmail-wp-caption gmail-alignleft"><img class="gmail-size-medium gmail-wp-image-337631" src="http://atlantablackstar.com/wp-content/uploads/2017/01/White-only-300x197.jpg" alt="" width="300" height="197"><figcaption class="gmail-wp-caption-text">Michael Fagans Leon Grant holds one of the original “Whites Only” signs that he helped get removed from Phoenix in the 1950s.</figcaption></figure><p>Unfortunately, well into the second decade of the 21<sup>st</sup>
century, discrimination in the housing market against African-Americans
remains far from rare. Although the U.S. Department of Housing and
Urban Development has reported that the most blatant forms of housing
discrimination have declined since 1977, it revealed that home seekers
of color are currently told about and shown <a href="https://www.huduser.gov/portal/Publications/pdf/HUD-514_HDS2012.pdf">fewer</a>
homes and apartments than whites, a discriminatory practice known to
“raise the costs of housing search for minorities and restrict their
housing options.”</p><p>Such discriminatory practices are hard to
confront, given they are commonly invisible to the client, often being
enacted behind the scenes in corporate boardrooms, real estate agencies
or the minds of agents. This is why some recent home buyers have been
alarmed to find their deeds contain blunt, racist and exclusionary
language informing them that African-Americans are not allowed to buy
the homes they now own.</p><p>“No person other than one of the Caucasian
race shall be permitted to occupy any portion of any lot in said plat
or any building thereon except a domestic servant actually employed by a
Caucasian occupant of said lot or building,” reads one such restriction
in Washington state.</p><p>“What I didn’t know was that this language
was still in the deed,” recounted Julie Fahey, a Democrat in the Oregon
House of Representatives from Eugene. In February, Fahey, who is white,
successfully sponsored a bill to facilitate the removal of offensive
covenant language after encountering such a deed upon buying her house
in June 2015. Though well aware of America’s long and ongoing history of
racial and ethnic discrimination in housing policy, the lawmaker
admitted to being “surprised” by the blunt nature of the covenant. The
legislation, recently signed into law by the governor, addresses the
costs and difficulties of removing such language.</p><p>“The legislation
simplifies the process for getting the language taken out of the deeds
of home,” explained Fahey, noting the cumbersome and costly nature of
the removal process and how it requires the notification of all owners,
lienholders and those with easements by “certified proof of service,
which can be quite expensive.” The biggest change that we made in the
law, continued Fahey, was “instead of requiring certified proof of
service, you can do certified mail and sign an affidavit saying that you
made a good faith effort to contact the people that have an interest in
the property so it reduces both the administrative requirements and the
associated costs.”</p><p>Though such racist covenants were outlawed by
the Fair Housing Act of 1968, the language has remained on deeds across
the country ostensibly due to the legal complexities and costs involved
in removing them. Along with Oregon and Washington, whites-only
covenants remain on property deeds in California, Missouri, South
Carolina and numerous other states. In 2009, the California Legislature
passed a bill to have racist covenants purged upon the purchase of a
property, only to have the legislation vetoed by then-governor Arnold
Schwarzenegger because of associated costs and the fact that residents
can request to have the covenants removed.</p><p>While Fahey was
initially taken aback by the racist language on her own deed, the
ongoing existence of housing inequities in her state and beyond comes as
no surprise. “It is very clear that there are disparities in the level
of home ownership in Oregon and across the country by race,” stressed
Fahey, reporting that recent legislative session data showed that “over
50 percent of white households in Portland own homes while it’s closer
to 28 percent for black households.” Such gaps, she said, are why
another recently passed <a href="https://gov.oregonlive.com/bill/2018/HB4010/">bill</a>,
House Bill 4010, tracks racial disparities in homeownership in the
state while establishing a task force to determine “what kind of
specific policy solutions the legislature should be advocating for to
try to remedy some of these disparities.”</p><p>In America, such
inequities are deeply rooted. Racially restrictive covenants first came
about as a response to the Great Migration of African-Americans from the
South to Northern cities, and the 1917 court ruling Buchanan v. Warley,
which declared municipal racial zoning unconstitutional. Since the
ruling did not cover private agreements, restrictive covenants evolved
as a way to perpetuate residential segregation as property owners, real
estate boards and neighborhood associations conspired to only sell to
white people. Such covenants proliferated upon the Corrigan v. Buckley
decision of 1926, when the U.S. Supreme Court decision validated their
usage.</p><p>In 1933, during the Great Depression, the federal
government sought to remedy a national housing shortage through its Home
Owners’ Loan Corporation, a New Deal institution that increased both
accessible housing and its accompanying segregation. Suburban
communities were mass-produced for middle-class and lower-middle-class
white families while African-Americans were herded into urban housing
projects. The establishment of the Federal Housing Administration (FHA)
in 1934 further exacerbated this segregation by enabling redlining, or
the refusal to insure mortgages in or about African-American
communities. Simultaneously, the FHA — contending without evidence or
merit that integrated housing would decrease the property values of
whites — subsidized suburban developments across the country that
required that none of the homes be sold to Black buyers.</p><p>“It was
the Home Owners’ Loan Corporation, not a private trade association, that
pioneered the practice of redlining, selectively granting loans and
insisting that any property it insured be covered by a restrictive
covenant,” wrote Ta-Nehisi Coates, in his classic June 2014 article on
reparations in The Atlantic. “Millions of dollars flowed from tax
coffers into segregated white neighborhoods.”</p><p>“The restrictive
covenant became so fashionable that in 1937 a leading magazine of
nationwide circulation awarded 10 communities a ‘shield of honor’ for an
umbrella of restrictions against ‘the wrong kind of people,” <a href="http://www.law.umaryland.edu/marshall/usccr/documents/cr11042.pdf">revealed</a>
the U.S. Commission on Civil Rights in February 1973. “By 1940,
according to a magazine article, 80 percent of both Chicago and Los
Angeles carried restrictive covenants barring black families.”</p><p>Given
middle-class families, particularly in the 20th century, groomed their
wealth from the equity in their homes, the impact of such
federally-subsidized discrimination is well represented by the ongoing
disparities of today. African-American incomes on average, recently
reported NPR, are “about 60 percent of average white incomes. But
African-American wealth is about 5 percent of white wealth.… So this
enormous difference between a 60 percent income ratio and a 5 percent
wealth ratio is almost entirely attributable to federal housing policy
implemented through the 20th century.”</p><p>“Part of why I brought this
bill forward was so that it could be a teachable moment,” offered
Fahey, noting “I really wanted to further the process of educating the
public and the legislature about our history of discrimination in
housing policy in Oregon and also around the country.” Consistent with
her intentions, Fahey actually read the racist covenant language on the
floor of the Oregon House. “That was part of what the goal of the bill
was, to make sure that people understood our history so that when this
task force comes back with policy recommendations for change, people are
aware of it and potentially more willing to listen to and support those
recommendations.”</p><p>For Fahey, the end goal more than justifies the means.</p><p>“I
know that this legislation, in and of itself, does not do anything to
remedy the fact that we discriminated against people of color for
decades in this country from a housing perspective, and that
discrimination still reverberates today,” acknowledged Fahey. “But I am
hopeful it helps to lay the groundwork for actually making some policy
changes that will fix it.”</p></div>
<br clear="all"><br>-- <br><div class="gmail_signature" data-smartmail="gmail_signature">=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+<br><br> Harold F. Schiffman<br><br>Professor Emeritus of <br> Dravidian Linguistics and Culture <br>Dept. of South Asia Studies <br>University of Pennsylvania<br>Philadelphia, PA 19104-6305<br><br>Phone: (215) 898-7475<br>Fax: (215) 573-2138 <br><br>Email: <a href="mailto:haroldfs@gmail.com" target="_blank">haroldfs@gmail.com</a><br><a href="http://ccat.sas.upenn.edu/~haroldfs/" target="_blank">http://ccat.sas.upenn.edu/~haroldfs/</a> <br><br>-------------------------------------------------</div>
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