Fair Housing
What is a 'restrictive covenant based on race or religion' and what is its legal status today?
AThese covenants are still enforceable if they were properly recorded before 1968
BRacially or religiously restrictive deed covenants are unenforceable under the Fair Housing Act and the Supreme Court's decision in Shelley v. Kraemer — though they may still appear in old deeds✓ Correct
CThese covenants are only unenforceable in Delaware after 1975
DThese covenants are only unenforceable if specifically challenged in court
Explanation
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. The Fair Housing Act (1968) made them void. While old Delaware deeds may still contain such language, it is completely unenforceable. Some states allow homeowners to formally disavow old restrictive covenants.
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