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Q: Restrictive Convenant ( No Answer,   3 Comments )
Question  
Subject: Restrictive Convenant
Category: Miscellaneous
Asked by: bigatbay-ga
List Price: $15.00
Posted: 22 Feb 2004 13:00 PST
Expires: 23 Mar 2004 13:00 PST
Question ID: 309565
Need to know the Cities and States that still have this in force-Ref:
restricting people of color from living in certain neighborhoods?

Request for Question Clarification by majortom-ga on 22 Feb 2004 13:53 PST
Hello Bigatbay,

As someone else has commented, racially restrictive covenants have
been unenforceable for some time.  Would you like to know about the
case law on this topic?   Or are you interested in which Cities and
States still have them on the books? (As opposed to in force)

Are you located somewhere other than the United States?

Clarification of Question by bigatbay-ga on 23 Feb 2004 15:36 PST
Want to know what states of cities that still carry these convenants
on the books, wether there enforceable or not.  Thanks.

Request for Question Clarification by majortom-ga on 24 Feb 2004 19:28 PST
Hello Bigatbay,

I have been thinking about your question.  

It would not be possible to provide an exhaustive list of everywhere
these covenants might still be recorded, as they are written in
individual property deeds.

There has been some recent legislation about this in CA, which you can
read about here:
http://www.assembly.ca.gov/lbcweb/press_releases/legislation_signed_09-25-02.htm

If you search Google for "racially restrictive covenant" (without the
quotes) you can read much more about this topic.

Clarification of Question by bigatbay-ga on 25 Feb 2004 10:11 PST
Would like to know what States still have them on the books?   Thanks.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Restrictive Convenant
From: pinkfreud-ga on 22 Feb 2004 13:27 PST
 
I very much doubt that any government entities in the United States
still have such rules in force. This is so obviously unconstitutional
by today's standards that any attempt to enforce such a law would
result in immediate judicial action.
Subject: Re: Restrictive Convenant
From: bigatbay-ga on 23 Feb 2004 15:32 PST
 
I would like to to know what States & are Cities still have
restrictive convenant against race on the books?  I live in
California, but so a program the other night that said these
convenants were still on the books.  Thanks
Subject: Re: Restrictive Convenant
From: mrdacmalma-ga on 18 Jul 2004 12:29 PDT
 
There is a Covenant in a San Rafael, CA neighborhood that says that
you cannot sell your home to anyone of color.  It also says you can't
put on a second story addition.  The entire CC&Rs have not been
enforced, until now (2 seperate homes with 2nd story additions forced
the city to ban 2nd story additions in that area), and the defendants
are using the race card to say, "See, it's so outdated that it says
black people can't live here" but that issue is simply severed out of
the CC&Rs and the rest stays enforceable.

Each development, be it condo's or neighborhoods, that has an
"association" has probably filed some kind of Covenants, Conditions
and Restrictions.  It would be literally impossible to name the
hundreds of thousands of private CC&Rs that still have that outdated
covenant.  BUT, I think it was mandated that the cities themselves
remove them from thier operating procedures.

Hope that helps a little.

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