Removal of Racial and other Discriminatory Covenants and Restrictions

Have You Checked Your Deed?

Like most jurisdictions in the region and the country, institutional racism through a variety of policies, practices and programs, was established in Milwaukie to the benefit of white people and to the detriment of people of color.

Some Milwaukie residents may find discriminatory language in their property deed that restricts homeownership based on race. These restrictions, known as racial covenants, are illegal and no longer in effect. Racial covenants began in the mid-19th century and continued into the mid-20th century. They were recorded when a lot was created, when a subdivision was approved, or when a home was built. Backed by federal legislation in the 1930s, known as bank redlining, it prohibited home loans to certain races and ethnicities. This type of systemic racism became widespread across America; prohibiting people of color from the ability to purchase homes and purposefully increasing segregation among white people and people of color.

In 1948, the Supreme Court ruled against racially restrictive covenants and they were outlawed by the federal Fair Housing Act of 1968. However, because so many of them remain in deeds and private covenants and restrictions, or “CC&Rs”, some states, including Oregon, have adopted laws to help homeowners remove them from their deeds. Please note that these restrictive covenants are unenforceable if they remain on the deed or CC&R. The 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).

The city does not have the authority to remove or request the Court to remove language from property  records; only the property owner can ask the Court to do that.

If you have access to a copy of the documents that you signed when you bought your home, you should be able to locate the property deed within those documents. If not, you can obtain a copy of the deed from the Clackamas County Recorder’s Office or by contacting a title company. Both may charge a small fee.

Clackamas County Clerk, Recording Division 503.655.8551

recording@clackamas.us 

1710 Red Soils Ct. #110, Oregon City, OR 97045

The removal process is administered by the Clackamas County Circuit Court, and it is free. To request to have a racial covenant removed from your deed, contact the Circuit Court.

Clackamas County Circuit Court, 503.655.8670

cla.court.info@ojd.state.or.us 

807 Main Street, Oregon City, OR 97045

Please note this is not a city process. All inquiries should be directed to the agencies noted above.