Driving through different Houston neighborhoods - is deed restricted community code for a history of segregation? Do the property deeds still have racial restrictions saying no other race besides the Caucasian race can live and own property there?

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No and no. Houston doesn’t have zoning, so deed restricted provides some of the guidelines that zoning typically would.

Race restrictions are illegal and have been since 1968.

likehelpful

Yes, I’m familiar with the law and the history. Again, deed restricted means the neighborhood can enforce things like how many stories the houses can have and whether the back houses can be rented out. It doesn’t necessarily mean race restriction language exist - though it can in some cases.

There are some old neighborhoods that had race restrictions in their bylaws even though they were illegal because the homeowners association required a large number of signatures to get the language removed, even though those restrictions were not enforceable. I used to live in a neighborhood with such restrictions and the homeowner association president wouldn’t go to the effort to get the language removed because he figured it wasn’t worth the effort since it wasn’t enforceable anyway. I have since moved, but someone got annoyed enough to push through the removal of the language a few years ago.

This newish law is a good thing because it will remove the language without having to go through the arduous signature process. It doesn’t mean all deed restrictions will go away - just the illegal ones.

likehelpful

Different things. All over the country, from LA to NYC & Chicago to Houston, back in the 50s and prior there were deeds that contained restrictions against selling to racial groups. It was thought a private transaction between individuals was not a gov action and therefore free from restrictions against discrimination. However, was declared unconstitutional a long long time ago. Where those artifact restrictions still exist in deed records, that provision is void as a matter of law.

That’s totally different to HOA deed restrictions which provide for community maintenance and standards. Which are really widespread in Texas and can be a pain.

Which is still totally different to property use regulations. While houston has no formal zoning (though almost all other cities including those embedded inside of Houston do), it does have extensive shadow zoning in the form of use regulations. Like this must be that far away from a school or that needs a special license.

None of that is rooted in any history of discrimination.

helpful

Thank you, this is incredibly helpful!

Referring to this: https://www.google.com/amp/s/www.houstonpublicmedia.org/articles/news/houston/2022/07/27/429206/new-state-law-allows-houston-neighborhoods-to-redact-racist-deed-restriction/%3famp=1

Got it. The ones I’ve seen with other investors specifically mentioned African Americans/Negro and were deed restricted neighborhoods on the Southside of Houston

helpful

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