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HomeMy WebLinkAbout2025-016 Discriminatory Covenants ResolutionRESOLUTION NO.2025-016 A RESOLUTION CONDEMNING THE USE OF DISCRIMINATORY COVENANTS, DISCHARGING DISCRIMINATORY COVENANTS ON CITY -OWNED PROPERTY, AND APPROVING PARTICIPATION IN THE JUST DEEDS COALITION WHEREAS, discriminatory covenants were used from the early 1900s to the 1960s to prevent people of color and non-Christian individuals from buying or occupying property in certain areas, including in the City of Columbia Heights; and WHEREAS, discriminatory covenants promoted and established residential racial segregation, which historically and currently has impacted property ownership, accumulation of wealth, property transfers, mortgage eligibility, rental eligibility, property values, property tax base, internet access and more; and WHEREAS, discriminatory covenants fortified systemic racism and compounded economic divestment in specific communities within Anoka County, benefiting those in power while restricting housing options for people of color and non-Christian individuals; and WHEREAS, an example of a common covenant in Columbia Heights declared that "No persons of any race other than the Caucasian race shall use or occupy any building on any of the above described lots, except that this Covenant shall not prevent the occupancy by domestic servants of a different race domiciled with an owner or tenant"; and WHEREAS, properties with discriminatory covenants were classified, without basis in fact, as more desirable by the Federal Housing Authority and Home Ownership Loan Corporation, resulting in more favorable mortgage rates and more public and private investment; and WHEREAS, discriminatory covenants are no longer enforceable. According to the Mapping Prejudice website, "The NAACP recognized covenants as a fundamental threat to racial equality. The legendary civil rights organization launched a sustained legal campaign against covenants in the 1940s, prompting the Supreme Court to rule in the landmark 1948 Shelley v Kramer case that covenants were unenforceable." While the Minnesota legislature in 1953 prohibited new covenants, existing covenants remained legal in Minnesota until 1962. Covenants remained common in much of the nation until 1968 when the Fair Housing Act made them illegal; and WHEREAS, because of these judicial and legislative actions, Minnesota law and federal law now prohibits discrimination in the sale or lease of housing based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status. Those state and federal prohibitions extend to the refusal to sell or circulate, post or cause to be printed, circulated, or posted, any limitation, specification or discrimination as to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status; and WHEREAS, in 2016 the University of Minnesota founded Mapping Prejudice to expose the racist housing practices that shaped the landscape of the metro area, mapping 1,795 discriminatory covenants in Anoka County that include 181 in the City of Columbia Heights; and WHEREAS, in 2019 the Minnesota Legislature passed a law authorizing property owners to individually discharge or renounce discriminatory covenants by recording a discharge form in the county property records; and Resolution 2025-016 City of Columbia Heights — EDA Resolution Page 2 WHEREAS, the City of Columbia Heights recognizes the harm that discriminatory covenants — and the racial, religious and other discriminatory practices that they represent — cause to society in general and to the individuals who are adversely affected by racial, religious and other discrimination through the presence of discriminatory covenants in the public land records; and WHEREAS, the Just Deeds Project provides free legal and title services to help property owners find discriminatory covenants and discharge them from their property titles, and provides education opportunities to help communities acknowledge this racist history and pursue reconciliation and anti -racist solutions. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Columbia Heights hereby: 1. Disavows and condemns the past use of discriminatory covenants and prohibits discriminatory covenants from being used in the future. 2. Directs staff to investigate and to identify any real property owned or leased by the City that contains discriminatory covenants and to prepare and record an affidavit or request an examiner's directive discharging such discriminatory covenants pursuant to Minnesota Statute § 507.18, subd. 5. 3. Joins the Just Deeds Project as a member organization to help Columbia Heights property owners find discriminatory covenants and discharge them from their property titles. 4. Commits to participating in the work of the Just Deeds Project, officially recognizing the Just Deeds truths and principals, to educate the community about this and other historically discriminatory practices; to identify contemporary discriminatory systems, policies and practices; and to take action in dismantling racist systems, practices and policies, in accordance with city's strategic priority of being a leader in racial equity and inclusion in order to create a more just and inclusive community for all. 5. Directs staff to actively promote the Just Deeds Project to Columbia Heights residents through city communication channels, events, and partnerships with community organizations, ensuring broad awareness, engagement, and the removal of all discriminatory covenants within the City. Adopted this 27' day of January, 2025 Offered by: James Seconded by: Buesgens Roll Call: All Ayes, Spriggs Absent Attest: Sara on, City Clerk/Council Secretary 4Mor AmadaAlarquez i u a