•HRES 118 IH 
Whereas the United States Supreme Court in a series of deci-
sions, 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 home-
owner association bylaws; 
Whereas there is no legitimate purpose for the continued 
presence of racially restrictive covenants in housing docu-
ments 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 dis-
crimination are tolerable; 
Whereas the State of California has enacted legislation that 
allows individual property owners to submit for recorda-
tion a modified document with the covenant stricken and 
requires homeowner associations to remove racially re-
strictive covenants; and 
Whereas the Missouri State Legislature recently passed legis-
lation requiring homeowner associations to remove ra-
cially restrictive covenants: Now, therefore, be it 
Resolved, That the House of Representatives— 
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•HRES 118 IH 
(1) declares that the existence of racially re-
strictive covenants in housing documents is inher-
ently inconsistent with the principles and values em-
bodied in Supreme Court precedent and the Fair 
Housing Act of 1968; 
(2) finds that the pervasiveness of racially re-
strictive covenants in housing documents is unac-
ceptable and causes harm to not only property own-
ers but to all members of American society; 
(3) commends the State of California for taking 
a lead role in the removal of racially restrictive cov-
enants from housing documents; 
(4) commends the State of Kansas for passing 
legislation to remove racially restrictive covenants 
from housing documents; 
(5) commends the State of Washington for 
passing legislation to remove racially restrictive cov-
enants from housing documents; 
(6) commends the Missouri State Legislature 
for passing legislation to remove racially restrictive 
covenants from housing documents; 
(7) urges the Department of Housing and 
Urban Development— 
(A) to include in public education and out-
reach activities of the Department activities de-
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•HRES 118 IH 
signed to disseminate information regarding the 
removal of racially restrictive covenants from 
housing documents and to report to the Con-
gress on the number of complaints received that 
deal with racially restrictive covenants; and 
(B) to collect data on each State on the 
number of racially restrictive covenants and in-
clude that data in the annual Fair Housing Re-
port; 
(8) urges States to enact laws that will more 
readily permit property owners to remove racially re-
strictive covenants from their property titles, deeds, 
or other documents; 
(9) urges States to enact laws that require 
homeowner associations to strike racially restrictive 
covenants from all declarations or other governing 
documents; and 
(10) directs the Clerk of the House of Rep-
resentatives to cause to be delivered a copy of this 
Resolution to each of the Governors, Attorney Gen-
eral, and Secretaries of State of each of the States 
and the District of Columbia. 
Æ 
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