Racist housing contract, can I just ignore all of it?

[elizabethbinary]

I never ignore blatant racism. I will even call people on it if I know them well, or not at all. You simply do not blatantly be racist in my presence. I would not sign that. My personal beliefs would not let me put pen to paper with that kind of wording.

 

[alicefelldown]

Fair Housing Act http://www.usdoj.gov/crt/housing/title8.htm
Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). More on the Fair Housing Act: http://portal.hud.gov/hudportal/HUD/program_offices/fair_housing_equal_opp/FHLaws/yourrights

http://portal.hud.gov/hudportal/HUD?src=/topics/housing_discrimination
Housing discrimination based on your race, color, national origin, religion, sex, family status, or disability is illegal by federal law. If you have been trying to buy or rent a home or apartment and you believe your rights have been violated, you can file a fair housing complaint.

There are several ways to file a complaint:

- You can file a complaint right now, by using our online form .
(It is recommeded that all pop-up blockers be turned off in order to access this form. Otherwise, press the "Ctrl" button as you click on the link.)
- You can call toll-free 1 (800) 669-9777.
- You can print out a form , complete it, and drop it or mail it to:

Office of Fair Housing and Equal Opportunity
Department of Housing and Urban Development
Room 5204
451 Seventh St. SW
Washington, DC 20410-2000​

 

[alicefelldown]

Quote:
How on earth did your real estate agents (etc) allow this ILLEGAL paper to be signed?!?!??

 

[BlackBrookPoultry]

I'm sorry but reading this made me giggle a little bit. I can't believe people actually created documents like that and they are still being used. It's just another piece of this country's history.

 

[Whispering Winds]

Quote:
ME TOO!!!!!!!!!!!!!!

I am a realtor, and if I so much as looked like I was going to suggest something SO racist, I would be sued, my broker would be sued and the person selling the home would be sued . . .sheesh. That went by the wayside along time ago!!!!!

 

[Josie]

The document was written in the 40's and there is no governing HOA. It wasn't shown to us until we were at the bank signing the papers. I looked at it as a historical document. I figured since I was signing it (I'm not white), it was implicit that I didn't endorse that part of the document.

 

[chickerdoodle]

No way, no how would I sign it and I am just a plain white gal!

I would've have them take care of it then. I am not an expert but I believe they can cross out any changes if both parties initial it--at least that's what we did a few times and we've bought several properties. Since "the horse has already left the barn" I agree with mboreham1 that there may be an addendum and you should check that out ASAP.

As far as having chickens you should also ask your immediate neighbors if they would mind. I would assure them that the coop will be kept clean and that they should feel free to ask you any questions. Good luck!!

 

[Sonoran Silkies]

Quote:
A contract between two people can be modified if they both agree, but a contract such as the deed restrictions mentioned by this topic are not betewen two people, but between the association that created them and EACH property owner. EVERY property owner would have to agree to the change (or a percentage as set by the restrictions themselves or state law). That said, the provision denying ownership of the property by non-whites is blatantly illegal, and unenforceable. Hasn't been enforceable since sometime in the late 1950s or 1960s.

Generally it is more work than necessary to re-write laws and contracts that are ruled invalid--those part are simply understood to be legally unenforceable. Most contracts have a severability clause that prevents the entire document from being ruled invalid just because one provision is ruled so. So, just because there is an unenforceable racial clase, that is unlikely to have any bearing on the enforceability of the clause against chickens.

One thing to check though, some deeds of restrictions last for a specified period of time (20 years, 30 years, etc.) and then cease to exist. So that would be something to verify. The document itself may list its duration, or there may be state, county or city laws governing deed restriction duration.

 

[HollywoodHillsHens]

Quote:
Get chickens. If anyone challenges it, then bring out your "agreement" and make a stink about the much bigger issue....