This year marks the 49th celebration of Black History Month. CAI supports diversity, equity, and inclusion in all communities. We reject illegal discrimination in housing and favor the availability of adequate and appropriate housing for all. Black History Month is a great reminder of how the community association industry has advanced in the last half-century.
CAI advocates in state legislatures for a process by which a community association governing board may remove antiquated and unenforceable discriminatory restrictions contained in covenants without a vote of the owners. CAI advocates for the adoption of legislation that provides a process to remove restrictions deemed to be discriminatory under the federal Fair Housing Act and/or state antidiscrimination laws.
In 1968, Congress passed the Fair Housing Act to prohibit private parties from setting discriminatory terms and conditions on the sale or use of property by making the practice of writing racial covenants into deeds illegal. Despite being deemed illegal by the FHA, the law did not provide for a method of removing discriminatory provisions from deeds and governing documents and it remains as a blot on housing documents such as plats, deeds, and homeowner association bylaws. These discriminatory covenants are unenforceable and may cause unnecessary emotional distress to members of the community. Learn more about CAI’s fair housing policy here.
Eleven states adopted statutory processes to address the removal of discriminatory or restrictive covenants in associations and 15 states adopted statutory processes to remove discriminatory language from deeds.
In 2025, four states have already introduced legislation to remove discriminatory or restrictive covenants from certain housing documents. CAI is currently tracking the following bills to simplify the process for removing discriminatory or restrictive covenants:
Hawaii
Hawaii’s Senate introduced SB 31, which creates a process by which an individual may remove a discriminatory restrictive covenant from a deed. The Hawaii Legislative Action Committee is reviewing amendment opportunities to include the ability for a community association board to remove these same covenants through a simplified process.
Minnesota
Minnesota’s Senate introduced SF 559, which prohibits charging fees to homeowners for the removal of discriminatory restrictive covenants from deeds. This bill also includes a statutory form template that may be used to discharge restrictive covenants on property that limit the ownership, occupancy, use, or financing based on protected class with the county recorder.
New Mexico
New Mexico’s House of Representatives introduced HB 114, which prohibits the recording of a deed or other instrument of writing to the Office of the County Clerk that includes a discriminatory restrictive covenant. This bill also declares void any unlawful discriminatory restrictive covenants. It also requires the removal of unlawful restrictive covenants, restrictions, and conditions from instruments affecting the transfer of real property before the instruments can be recorded. Finally, it provides that a deed or other instrument of writing may include a statement that a discriminatory restrictive covenant is void due to public policy. CAI is reviewing amendment opportunities to include a provision for a community association board to remove these same covenants through a simplified process.
West Virginia
West Virginia’s Senate introduced SB 38, which allows for the governing body of an association of owners, without a vote of the members of the association, to amend governing documents to remove identified unlawful restrictions from governing instruments. An unlawful restriction is defined as a prohibition, restriction, covenant, or condition in a document that purports to interfere or restrict the transfer, use, or occupancy of real property on the basis of race, color, national origin, sex, familial status, disability, or other personal characteristics, and in violation of other law of this state or federal law.
You can track legislation CAI is monitoring on Removal of Discriminatory Restrictive Covenants and the Legislative Tracking Map.
CAI’s Diverse and Inclusive Communities Guide, advocates for policy change at every level and initiates critical conversations about equality in your community. Join CAI in the fight for equality and justice. Learn more about CAI’s advocacy initiatives here.
