Real Estate/Development,
Land Use,
Civil Rights
Jan. 11, 2023
Unlawfully restrictive covenants must be redacted
Stakeholders with actual knowledge that a deed, declaration, or governing document may contain an unlawful restrictive covenant must inform the deed-holder or person acquiring an ownership interest in that covenant, including the person's ability to have it removed.
Randy K. Jones
Trial Lawyer
Mintz, Levin, Cohn, Ferris, Glovsky & Popeo PC
Phone: (858) 314-1510
Email: rkjones@mintz.com
For decades, discriminatory racial covenants prevented Blacks from owning, using, and/or occupying real estate in white communities. Despite the advancements in civil rights and an outright prohibition on enforcement mandated by Shelley v. Kramer, 334 U.S. 1 (1948), the federal Fair Housing Act (42 U.S.C §§3601 et seq.) and the California Fair Employment and Housing Act (Gov. Code §§12900 et seq.) discriminatory racial covenants still lurk in Cali...
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