[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 259 Introduced in House (IH)]






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;
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
    Resolved, That the House of Representatives--
            (1) declares that the existence of racially restrictive 
        covenants in housing documents is inherently inconsistent with 
        the principles and values embodied in Supreme Court precedent 
        and the Fair Housing Act of 1968;
            (2) finds that the pervasiveness of racially restrictive 
        covenants in housing documents is unacceptable and causes harm 
        to not only property owners but to all members of American 
        society;
            (3) commends the State of California for taking a lead role 
        in the removal of racially restrictive covenants from housing 
        documents;
            (4) commends the Missouri State Senate for passing 
        legislation to remove racially restrictive covenants from 
        housing documents;
            (5) urges States to enact laws that will more readily 
        permit property owners to remove racially restrictive 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
            (7) directs the Clerk of the House of Representatives to 
        cause to be delivered a copy of this Resolution to each of the 
        Governors, Attorney General, and Secretaries of State of each 
        of the States and the District of Columbia.
                                 <all>