SHELLEY vs KRAEMER was a 1948 US Supreme Court case that ruled that state enforcement of racially restrictive housing covenants is unconstitutional and violates the Equal Protection Clause of the 14th Amendment. The case involved a St. Louis, Missouri neighborhood that passed a covenant in 1911 to prevent African-Americans and Asian-Americans from living there. In 1945, the Kraemers, who owned a home in the neighborhood, accepted an offer from an African-American couple, J.D. and Ethel Shelley, to buy the property. The local HOA sued to enforce the covenant and prevent the Shelleys from moving in. The Supreme Court ruled that while racially restrictive covenants are not void, courts cannot enforce them because this would constitute state action under the 14th Amendment. In September 2021, California enacted Assembly Bill (AB) 1466, authorizing property owners, title and escrow companies, county recorders, and real estate professionals to process a Restrictive Covenant Modification to remove racially restrictive covenants from property records. Here is a 1941 deed from Los Angeles that includes explicit race restrictions.
so interesting!
Chief Academic Officer, DIO at Baptist Memorial Medical Education
5moIt took until 2021?