IV 
109TH CONGRESS 
1ST SESSION 
H. RES. 259
Condemning the existence of racially restrictive covenants in housing docu-
ments 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. KAN-
JORSKI, 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 legisla-
tion 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 dis-
criminate 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 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 Senate recently passed legislation 
requiring homeowner associations to remove racially re-
strictive covenants: Now, therefore, be it
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Resolved, That the House of Representatives—
(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 Missouri State Senate for 
passing legislation to remove racially restrictive cov-
enants from housing documents; 
(5) 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; 
(6) urges States to enact laws that require 
homeowner associations to strike racially restrictive 
covenants from all declarations or other governing 
documents; and
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(7) directs the Clerk of the House of Represent-
atives to cause to be delivered a copy of this Resolu-
tion to each of the Governors, Attorney General, and 
Secretaries of State of each of the States and the 
District of Columbia.
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