City of Alexandria, Virginia
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MEMORANDUM
DATE: DECEMBER 5, 2023
TO: THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: JOANNA C. ANDERSON, CITY ATTORNEY /s/
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Report Regarding Release of Illegal Racially Restrictive Covenants on City-owned Properties.
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ISSUE: Providing an update to City Council on the process for releasing illegal racially restrictive covenants that remain on city owned properties from historic subdivision documents.
RECOMMENDATION: The City Council accept the update and direct the City Attorney to continue to work to release the illegal restrictive covenants.
BACKGROUND: As part of its studies included in the Zoning for Housing/Housing for All initiative, the Department of Planning and Zoning brought on Dr. Krystn Moon who undertook extensive research on the history of the use of racially restrictive covenants. See "Rethinking Race, Housing, and Community: A History of Restrictive Covenants and Land Use Zoning in Alexandria, Virginia, 1900s-1960s". During the early to mid-twentieth century, these racially restrictive covenants were prevalent and used as a way to continue illegal segregation. Typically, the covenants were placed on subdivision deeds which then apply to all of the subsequent deeds of sale of the particular lots. Therefore, while the covenant may not show up on the actual deed of ownership, it applies because of the historical subdivision deed.
The Virginia state law, Code of Virginia Section 36-96.6, declares illegal discriminatory restrictive covenants void and contrary to public policy of the Commonwealth. Therefore, whether or not released in the land records, restrictive covenants that restrict occupancy of property on the basis of a protected class are not enforceable even if no action is taken by the property owner to release them. However, recognizing that many property owners who discover these cov...
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