Land Use & Zoning

A deed restriction that discriminates by race is:

AEnforceable if both parties agree
BVoid and unenforceable under the Fair Housing Act and Shelley v. Kraemer✓ Correct
COnly unenforceable in California
DEnforceable only in privately recorded subdivisions

Explanation

Racially restrictive covenants are void and unenforceable. The U.S. Supreme Court ruled in Shelley v. Kraemer (1948) that courts cannot enforce such covenants. The Fair Housing Act of 1968 made them illegal. California SB 1079 facilitates their removal from title records.

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