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Experts agree: restrictive covenants, a foundation for HOAs, perpetuate housing segregation

By Deborah Goonan, Independent American Communities

A new research project at Augsburg University, Minneapolis, dubbed Mapping Prejudice, is combing through old deed restrictions to identify racial restrictions that were legal before 1968.

Researchers say the purpose of the study is to promote awareness of “the realities of structural racism” in Minneapolis, pointing out that restrictive covenants were created by and for the benefit of the real estate industry.

These “unjust deeds,” as one scholar has dubbed them, were the brainchild of the real estate industry. But they were quickly embraced by public officials, who saw them as a way to promote neighborhood stability. In the 1930s, federal housing administrators endorsed these legal instruments, requiring them for projects that used federally-backed financing. Lenders followed suit, accepting the rationale that covenants provided essential insurance for their investments in residential property. Banks made it a routine practice to “redline” or deny loans for properties in racially-mixed neighborhoods.

In addition to restrictions of non-White race, people of the Jewish faith were also commonly excluded from purchasing or leasing property in more desirable neighborhoods.

 

A recent article in Next City, includes some important analysis of Mapping Prejudice. I have included an excerpt below.

Researchers Are Mapping the Racist Foundations of Minneapolis Housing Patterns

BY JARED BREY | SEPTEMBER 8, 2017

Next City

Excerpt:

According to Ehrman-Solberg, clusters of restrictive deeds correlate not only with white neighborhoods, but also with high property values. It stands to reason, considering that many neighborhoods have found ostensibly “race-blind” ways of locking demographics in place in the decades since explicit discrimination became illegal.

Becky Nicolaides, an independent scholar and research affiliate at the UCLA Center for the Study of Women who has studied suburbanization in Los Angeles, says that overt racial discrimination has been supplanted in many cases by “spatial politics.” A record like the one that the Mapping Prejudice team is working on is “intrinsically valuable,” Nicolaides says, but doesn’t necessarily get at the sometimes insidious policies — from land use restrictions to aesthetic and landscaping regulations — that serve to lock class-based segregation in place today.

 

Read more:

https://nextcity.org/daily/entry/mapping-racism-minneapolis-housing-patterns-racial-covenants

Nicolaides makes some excellent points.  She criticizes the very same “insidious” housing policies that HOA critics and supporters of private property rights have been making for years.

 

 

 

 

Today’s deed restrictions serve as covert methods to discriminate against homeowners and residents on many levels. For example:

 

 

 

 

 

 

As a nation, it is time for Americans to closely examine the role CC&Rs and HOAs have played in perpetuating class-based, racial, and ethnic stereotypes. Furthermore, as residents of the U.S., we must confront leaders in the real estate industry and housing policy makers at all levels of government. They must acknowledge that restricting private property rights and civil liberties, in the name of preserving property values, does great harm to the social fabric of our nation, and undermines the freedom of all Americans to pursue their dreams and to live in peace and harmony in their communities.

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