HomeMy WebLinkAboutItem 15- Removing Discriminatory Covenants from Real Property AGENDA ITEM SUMMARY Meeting Date: 2/20/2024
Meeting Type: Regular Meeting
Staff Contact/Dept.: Jeff Paschall/DPW
Staff Phone No: 541-726-3753
Estimated Time: 10 Minutes
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Foster an Environment
that Values Diversity
and Inclusion
ITEM TITLE: REMOVING DISCRIMINATORY COVENANTS FROM REAL PROPERTY
ACTION
REQUESTED:
Adopt the Resolution, directing the City Attorney to petition Lane County Circuit
Court for the removal of discriminatory restrictions under ORS 93.270, for any and
all City-owned real property that contains such restrictions.
ISSUE
STATEMENT:
Homeownership is an important pathway to wealth creation and housing stability
within the City of Springfield. Many older legal documents affecting title to
residential real property include racial covenants and other discriminatory
restrictions on ownership that attempt to limit habitation of property to only certain
individuals, in contradiction to the Council’s adopted housing policies, goals, and
strategies.
ATTACHMENTS: 1: Council Briefing Memo
2: Resolution Regarding Discriminatory Covenants
3: Petition to Remove Discriminatory Covenants
DISCUSSION/
FINANCIAL
IMPACT:
See Council Briefing Memo.
M E M O R A N D U M City of Springfield
Date: 2/20/2024
To: Nancy Newton COUNCIL
From: Jeff Paschall, Community Development Division
Director
Erin Fifield, Community Development Analyst
BRIEFING
Subject: REMOVING DISCRIMINATORY
COVENANTS FROM REAL PROPERTY
MEMORANDUM
ISSUE: Homeownership is an important pathway to wealth creation and housing stability within
the City of Springfield. Many older legal documents affecting title to residential real property
include racial covenants and other discriminatory restrictions on ownership that attempt to limit
habitation of property to only certain individuals, in contradiction to the Council’s adopted
housing policies, goals, and strategies.
COUNCIL GOALS/
MANDATE:
Foster an Environment that Values Diversity and Inclusion
BACKGROUND:
What are racially restrictive covenants?
Many older legal documents affecting title to residential real property include discriminatory
language or covenants, conditions and restrictions (known as CCRs) that restrict homeownership
based on race. These restrictions, known as racial covenants, are illegal and no longer in effect.
They began in the mid-19th century and continued into the mid-20th century. They were recorded
when a developer subdivided the land or when a home was built, and the developer wanted to
restrict the use or occupancy of the home based on a person’s race.
Racially restrictive covenants are illegal and unenforceable.
Racial covenants and other discriminatory restrictions are prohibited by the United States and
are not legally enforceable, although they remain on title to many properties throughout the
United States, in Oregon, and in the City of Springfield.
The Supreme Court ruled against racially restrictive covenants in 1948 based on the Equal
Protection Clause of the Fourteenth Amendment to the US Constitution. The ruling established
that courts would not enforce the covenants but did not prohibit the inclusion of racial
restrictions in covenants or prevent private enforcement. It was not until the passage of the
Federal Fair Housing Act of 1968 that racially restrictive covenants became illegal.
This means that those who own residential property developed before 1968 could very likely
find language in their own CCRs that reflects our history of exclusion in housing.
Attachment 1
Page 1 of 3
MEMORANDUM Page 2
The City of Springfield owns property with a racially restrictive covenant.
In the search for land suitable for affordable housing, City staff came across a vacant residential
piece of property in City ownership. In their due diligence to learn more about the property, staff
obtained a Preliminary Title Report for the property and came across a racially restrictive deed
restriction. In the CCRs of the Title Report, under the Current Exceptions section, there is a link
to additional restrictions dating back to February 1945. (see image below)
How to remove discriminatory restrictions
Because so many racially restrictive covenants remain in deeds and private covenants and
restrictions, some states, including Oregon, have adopted laws to help homeowners remove them
from their deeds. Oregon laws authorizing a streamlined process for removing racial covenants
from deeds are contained in ORS 93.270 (Certain restrictions in conveyancing instruments
prohibited; restriction on right of action) and ORS 93.274 (Procedure for removal of
discriminatory restrictions).
ORS 93.274 provides a low-barrier process for property owners to petition the state’s circuit
courts to fully remove offensive and discriminatory restrictions. The City is not involved in the
process. The removal process is administered by the Circuit Court for the county in which the
property is located, and it is free. Only the property owner can ask the Court to remove language
from property records.
The City Attorney has drafted a Resolution that would allow the City to petition Lane County
Circuit Court for the removal of discriminatory restrictions under ORS 93.270, and for any and
Attachment 1
Page 2 of 3
MEMORANDUM Page 3
all real property that contains such restrictions, for all property now owned or acquired by the
City of Springfield.
More information is on the City’s website
This information has been added to the City’s website (Fair Housing - City of Springfield
Oregon (springfield-or.gov) so that property owners in Springfield are aware that discriminatory
covenants are a part of our history, and may still exist on current property deeds. The website
includes information on how to contact the County Court and petition to have racial covenants
or other discriminatory restrictions removed from property title.
RECOMMENDED ACTION: Adopt the Resolution, directing the City Attorney to petition
Lane County Circuit Court for the removal of discriminatory restrictions under ORS 93.270, for
any and all City-owned real property that contains such restrictions.
Attachment 1
Page 3 of 3
{00031963:1} PAGE 1 OF 1
CITY OF SPRINGFIELD, OREGON
RESOLUTION NO. ___________
RESOLUTION DIRECTING THE CITY ATTORNEY TO PETITION FOR REMOVAL OF
DISCRIMINATORY RESTRICTIONS ON TITLE TO CITY-OWNED REAL PROPERTY UNDER
ORS 93.274 AND ENCOURAGING SPRINGFIELD PROPERTY OWNERS TO DO LIKEWISE
WHEREAS, the Common Council of the City of Springfield (“Council”) finds that homeownership is an
important pathway to wealth creation and housing stability within the City of Springfield;
WHEREAS, many older legal documents affecting title to residential real property include racial
covenants and other discriminatory restrictions on ownership that attempt to limit habitation of
property to only certain individuals, in contradiction to the Council’s adopted housing policies, goals,
and strategies;
WHEREAS, racial covenants and other discriminatory restrictions are prohibited by the United States
Constitution’s Equal Protection Clause and under ORS 93.270, and are not legally enforceable, although
they remain on title to many properties throughout the United States, in Oregon, and in the City of
Springfield;
WHEREAS, ORS 93.274 provides a low-barrier process for property owners to petition the state’s
circuit courts to fully remove offensive and discriminatory restrictions; and
WHEREAS, the Council finds it in the public interest to support all Springfield property owners,
including the City, to petition Lane County Circuit Court to fully remove such restrictions from title to
any property whose title includes a racial covenant or other discriminatory restriction,
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD:
Section 1: The City Attorney is hereby directed to petition Lane County Circuit Court for the
removal of discriminatory restrictions under ORS 93.270, for any and all real property that contains
such restrictions. This section applies to all property now owned by the City of Springfield or acquired
by the City of Springfield after the effective date of this Resolution.
Section 2: All property owners in the City of Springfield are encouraged to investigate
whether their property contains discriminatory restrictions under ORS 93.270, and if so, to petition to
Lane County Circuit Court under ORS 93.274 or other law allowing for the removal of such covenants.
The City Manager is directed to provide informational resources to the public regarding filing a petition
under ORS 93.274, to aid Springfield property owners in making such petition(s).
Section 3: This Resolution will take effect immediately upon adoption by the Council and
shall remain in effect until terminated, amended, or superseded by future Resolution of the Council.
ADOPTED by the Common Council of the City of Springfield this ___ day of _________, ____,
by a vote of _____ for and ____ against.
ATTEST:
__________________________
City Recorder
Attachment 2
Page 1 of 1
CITY OF SPRINGFIELD
EXAMPLE PETITION TO REMOVE DISCRIMINATORY RESTRICTIONS
(ORS 93.274)
In 2018, the Oregon legislature enacted ORS 93.274, providing a procedure for
property owners to remove illegal discriminatory restrictions from property records
(restricting the use of real property by any person or group of persons by reason of
race, color, religion, sex, sexual orientation, gender identity, national origin or
disability). If that process is successful, it concludes with the court entering a judgment
removing only that part of the provision that is illegal.
In 2023, the legislature adopted House Bill (H.B.) 3294, to further streamline the
petition process under ORS 93.274. H.B. 3294 directs the Oregon Judicial Department
to develop a form petition for statewide use by January 1, 2025. An earlier form of
petition under ORS 93.274 is available from the Oregon Judicial Department, but it
contains requirements that are no longer applicable under H.B. 3294.
Per Springfield Resolution 2024-XX, the City of Springfield is providing an example form
of a petition under ORS 93.274 as amended by H.B. 3294. Petitions related to
Springfield properties must be submitted to the Lane County Circuit Court using the
procedure detailed in ORS 93.274. Please note that filing a petition is not a City of
Springfield process. All inquiries should be directed to the Lane County Circuit Court:
Lane County Circuit Court
125 East 8th Avenue
Eugene, OR 97401
https://www.courts.oregon.gov/courts/
541-682-4020
Disclaimer: The information in this document is for informational purposes only and
does not create an attorney-client relationship. This document is not legal advice. Legal
advice must be tailored to the specific circumstances of each case, and nothing
provided in this document should be used as a substitute for advice of legal counsel.
The information contained in this document may or may not reflect the most current
legal developments. Accordingly, this information is not promised or guaranteed to be
correct or complete and should not be relied upon as such.
Attachment 3
Page 1 of 3
PETITION TO REMOVE DISCRIMINATORY PROVISIONS Page 2
IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR LANE COUNTY 1
2
Full legal name, Petitioner, vs. Property’s Address, Tax Lot, or Plat # Defendant In Rem.
Case No. _____________ PETITION TO REMOVE DISCRIMINATORY PROVISIONS FROM TITLE TO REAL PROPERTY Filing fee at ORS 93.274
3
I, insert full legal name here (first, middle, and last), am the owner or part 4
owner of the property listed below, located in Lane County, Oregon: 5
☐ Legal description of the property is attached, or 6
☐ Legal description of the property is as follows: 7
Insert the legal description of the property (typically provided in the deed) 8
The document containing discriminatory provisions under ORS 93.270(1)(a) is 9
called insert full name of the document, recorded in Lane County as instrument number 10
insert recording number of document on date, month, and year document was 11
recorded. 12
I ask the court for an order under ORS 93.274 removing the following 13
restriction(s) from the property because they violate ORS 93.270(1)(a): 14
Copy the discriminatory provision, exactly as it appears in the document. 15
16
17
Reference: Insert section #, line #, or page # where provision appears 18
Attachment 3
Page 2 of 3
PETITION TO REMOVE DISCRIMINATORY PROVISIONS Page 3
Copy the discriminatory provision, exactly as it appears in the document. 1
2
3
Reference: Insert section #, line #, or page # where provision appears 4
Copy the discriminatory provision, exactly as it appears in the document. 5
6
7
Reference: Insert section #, line #, or page # where provision appears 8
☐ (Optional) Additional pages of discriminatory provisions are attached. 9
☐ (Required) I have attached a complete certified copy of the recorded instrument that 10
contains the provisions listed above or attached hereto. 11
12
DATED: Insert date of signing 13
PETITIONER: 14
15
16
17
Insert full name here 18
Mailing Address 19
City, State, ZIP Code 20
Phone (Optional) Daytime phone number 21
Attachment 3
Page 3 of 3