IV 

109TH CONGRESS 

1ST SESSION H. RES. 259

Condemning the existence of racially restrictive covenants in housing documents and urging States to adopt legislation similar to that which was 

enacted in California to address the issue. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2005

Mr. CLEAVER (for himself, Mr. NEY, Mr. GARY G. MILLER of California, Mr. 

CLAY, Mrs. EMERSON, Mr. BLUNT, Mr. CARNAHAN, Mr. SKELTON, Mr. 

FRANK of Massachusetts, Mr. MEEKS of New York, Mr. CROWLEY, Ms. 

MOORE of Wisconsin, Mr. MOORE of Kansas, Mr. BAKER, Mr. KANJORSKI, Mr. KING of New York, Mr. GUTIERREZ, and Mr. CAPUANO) 

submitted the following resolution; which was referred to the Committee 

on the Judiciary 

RESOLUTION

Condemning the existence of racially restrictive covenants 

in housing documents and urging States to adopt legislation similar to that which was enacted in California 

to address the issue.

Whereas racially restrictive covenants are a vestige of the 

Jim Crow era and were widely utilized in the United 

States during the early part of the 20th century to discriminate against African Americans, Jews, and other 

minorities and ethnic groups; 
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Whereas the purpose of racially restrictive covenants was to 

prohibit the sale or lease of real property to designated 

racial or ethnic minorities; 

Whereas the United States Supreme Court in a series of decisions, including Shelley v. Kraemer and Hurd v. Hodge, 

held that racially restrictive covenants enforced by a 

State constituted illegal discrimination and were contrary 

to public policy; 

Whereas the Congress passed the Fair Housing Act of 1968 

to prohibit private parties from setting discriminatory 

terms and conditions on the sale or use of property; 

Whereas although now unenforceable, throughout the country 

tens of thousands of racially restrictive covenants remain 

in housing documents including plats, deeds, and homeowner association bylaws; 

Whereas there is no legitimate purpose for the continued 

presence of racially restrictive covenants in housing documents and their existence is contrary to the spirit of the 

Fair Housing Act of 1968; 

Whereas housing documents containing racially restrictive 

covenants are psychologically damaging to all Americans 

and they are sending the message that racism and discrimination are tolerable; 

Whereas the State of California has enacted legislation that 

allows individual property owners to submit for recordation a modified document with the covenant stricken and 

requires homeowner associations to remove racially restrictive covenants; and 

Whereas the Missouri State Senate recently passed legislation 

requiring homeowner associations to remove racially restrictive covenants: Now, therefore, be it
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1 Resolved, That the House of Representatives—

2 (1) declares that the existence of racially re3 strictive covenants in housing documents is inher4 ently inconsistent with the principles and values em5 bodied in Supreme Court precedent and the Fair 

6 Housing Act of 1968; 

7 (2) finds that the pervasiveness of racially re8 strictive covenants in housing documents is unac9 ceptable and causes harm to not only property own10 ers but to all members of American society; 

11 (3) commends the State of California for taking 

12 a lead role in the removal of racially restrictive cov13 enants from housing documents; 

14 (4) commends the Missouri State Senate for 

15 passing legislation to remove racially restrictive cov16 enants from housing documents; 

17 (5) urges States to enact laws that will more 

18 readily permit property owners to remove racially re19 strictive covenants from their property titles, deeds, 

20 or other documents; 

21 (6) urges States to enact laws that require 

22 homeowner associations to strike racially restrictive 

23 covenants from all declarations or other governing 

24 documents; and 
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1 (7) directs the Clerk of the House of Represent2 atives to cause to be delivered a copy of this Resolu3 tion to each of the Governors, Attorney General, and 

4 Secretaries of State of each of the States and the 

5 District of Columbia.

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