The Fair Housing Act supersedes all previously recorded CC&R’s (with or without a governing HOA). If they show up in a title report with discriminatory language, that language is stricken.
The Fair Housing Act (Title VIII of the Civil Rights Act of 1968) introduced meaningful federal enforcement mechanisms. It outlawed:
Refusal to sell or rent a dwelling to any person because of race, color, religion, sex, or national origin.
Discrimination based on race, color, religion or national origin in the terms, conditions or privilege of the sale or rental of a dwelling.
Advertising the sale or rental of a dwelling indicating preference of discrimination based on race, color, religion or national origin.
Coercing, threatening, intimidating, or interfering with a person’s enjoyment or exercise of housing rights based on discriminatory reasons or retaliating against a person or organization that aids or encourages the exercise or enjoyment of fair housing rights.
Believe it or not, my 65 yo neighborhood has CC&R’s recorded against it in 1947 with language discriminating against fowl, swine and “people of color.” The fowl and swine are still banned, but the “people of color” article is null and void.
My ‘hood is located 8.5 miles from the Int’l Border, lol ….
Thank God for the Civil Rights Act of 1968 and the (CA) Unruh Act.
