A deed restriction in a 1960 subdivision states that property may be sold 'only to members of the Caucasian race.' A current owner lists the property for sale. Is this restriction enforceable?
Correct Answer
C) No, because racially discriminatory deed restrictions are unenforceable under the Fair Housing Act and the Supreme Court's decision in Shelley v. Kraemer
Racially restrictive covenants are unenforceable. The Supreme Court held in Shelley v. Kraemer (1948) that judicial enforcement of racially restrictive covenants violates the Equal Protection Clause. The Fair Housing Act of 1968 further prohibits racial discrimination in housing.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An environmental impact statement (EIS) is a detailed report required for major federal projects or actions that may significantly affect the environment. It is mandated by the National Environmental Policy Act (NEPA).
A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.
A planned unit development (PUD) is a zoning classification that allows mixed land uses (residential, commercial, recreational) within a single development with flexible zoning standards. Homeowners typically own their lot and share common areas.
More Land Use Controls Regulations Questions
Zoning ordinance compliance is monitored through:
Seeking an exemption from zoning requirements requires a:
A government plan guiding long-term physical development is:
An example of private land-use control is:
Zoning ordinances regulate all of the following EXCEPT:
- → The Interstate Land Sales Full Disclosure Act regulates:
- → Under the Interstate Land Sales Full Disclosure Act, buyers have how many days to cancel after receiving the property report?
- → The main difference between private and public land controls is:
- → A homeowner in an HOA community wants to install solar panels on her roof. The CC&Rs do not address solar panels. The HOA's architectural review board denies the request, citing aesthetic concerns. In many jurisdictions, how do solar access laws affect this dispute?
- → In a planned community, what is the primary role of the homeowners' association (HOA)?
- → What does the term 'covenants, conditions, and restrictions' (CC&Rs) refer to in real estate?
- → When a zoning ordinance and a deed restriction both apply to the same property but impose different standards, which standard controls?
- → A homeowner fails to pay HOA assessments for two years. The HOA records a lien against the property and initiates foreclosure proceedings. What type of lien does the HOA hold?
- → What does it mean when a deed restriction is said to 'run with the land'?
- → An HOA board votes to increase the monthly assessment from $200 to $350 to fund a new community pool. A homeowner objects, saying she did not agree to the increase. Under typical HOA governance, is the assessment increase binding on the objecting homeowner?
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