Fair HousingIntermediateDelaware Exam

What is a 'restrictive covenant based on race or religion' and what is its legal status today?

AThese covenants remain fully enforceable today so long as they were properly recorded with the county before 1968, though specifics can vary by situation
BRacially or religiously restrictive deed covenants are unenforceable under the Fair Housing Act and the Supreme Court's decision in Shelley v. KraemerCorrect
CThese covenants are only unenforceable in Delaware after 1975
DThese covenants are only unenforceable if specifically challenged in court

Why Racially or religiously restrictive deed covenants are unenforceable under the Fair Housing Act and the Supreme Court's decision in Shelley v. Kraemer Is Correct

Answer B: Racially or religiously restrictive deed covenants are unenforceable under the Fair Housing Act and the Supreme Court's decision in Shelley v. Kraemer

Racially restrictive covenants were declared unenforceable by the Supreme Court in Shelley v. Kraemer (1948) as state enforcement of such covenants violated the 14th Amendment's equal protection.

Exam Tip: Fair Housing

Fair Housing questions test both federal (Fair Housing Act of 1968) and state-level protected classes. The federal protected classes are race, color, religion, national origin, sex, familial status, and disability. Many states add additional protections.

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