BOISE, Idaho — Homeowners will soon have the option to amend racist language from their property covenants.
Gov. Brad Little on Wednesday signed a bill into law that allows homeowners to clarify any racist language is unenforceable and void. It passed through both the Senate and House unanimously.
Hundreds of Boise-area homes, and likely many more throughout the state, have restrictions in their Covenants, Conditions and Restrictions document that says people of color aren’t allowed to buy or live at that property. The Fair Housing Act of 1968 outlawed housing discrimination based on race or color, but the covenants often remained unchanged.
Those words still have a chilling effect on homeowners and potential homebuyers. Sen. Melissa Wintrow, D-Boise, sponsored the bill, which creates a process to add a modification to the covenant. Property owners can fill out a short form, submit it to their county clerk and the covenant can be updated with an explanation that the previous language can’t legally be enforced. Washington and Wyoming have recently passed similar laws.
Removing the language entirely could require a costly process in court and erase the history of racist practices. That’s why Wintrow opted for a less invasive model, she previously told the Idaho Statesman.
Wintrow compared leaving the racist language unchanged with leaving signs on a water fountain that promoted segregation.
Idaho’s bill waives the $10 recording fee so it won’t cost homeowners anything. Wintrow estimated it’ll cost the state $500, depending on how many homeowners choose to add the modification.
The law goes into effect July 1.
“This really is a historic day for our state,” Wintrow said in an Idaho Democrats news release. “We can’t move forward as a state or nation until we come to terms with our past and commit ourselves to ensuring it doesn’t repeat itself in the future.
"With this legislation, we acknowledge that this housing practice has been responsible for a lot of wealth disparities between people who are white and people of color and make sure it never will (happen) again.”
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