Real Estate News - Reminders of racism, old covenants linger on records - sacbee.com
Gregg Fishman and his wife moved into Sacramento's upscale Arden Park neighborhood in 2001, enchanted by the shady Modesto ash, lush parks, large lots and friendly atmosphere. They didn't realize that along with their 1950s-era California ranch-style home they were buying a piece of America's racist past.Tucked into their property records, in tiny type, is the "Racial Occupancy" clause:
"No persons of any race other than White Caucasian race shall use or occupy any building or any lot except ... by domestic servants of a different race domiciled with an owner or tenant ..." The language is contained in the "covenants, conditions and restrictions" originally developed for the neighborhood, and is similar to restrictions imposed on millions of homes nationwide, dating back to the 1700s, when property first was recorded by cities and counties.
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These covenants have been unenforceable since 1948, after the USSC decision in Shelley v. Kraemer, but they still exist in older properties.