REFinBlog

Editor: David Reiss
Brooklyn Law School

October 29, 2018

Lingering Effects of Racially Restrictive Covenants

By David Reiss

Image by US Census as modified by Ruhrfisch

The York Daily Record quoted me in York County Neighborhoods That Once Barred ‘Any Negro or Mongolian’ Still Do Harm. It opens,

When the Rev. David and Eulamae Orr moved into the Fayfield neighborhood in Springettsbury Township in 1963, they were the first to break the color barrier in the all-white suburban subdivision.

While the Orrs were a well-known and respected York-area black couple, owners of several business enterprises and active in civil rights, their purchase of the South Harlan Street home was uncommon enough at the time to draw headlines in local newspapers.

“My parents were very dignified about it,” Charles Orr, who inherited the home, said in a 1999 interview. “They simply said it was our right, that they had worked hard, that they always had wanted a larger, nicer house and were now able to afford it.”

The color barrier that the Orrs broke through, however, was multi-layered and resilient. People found other ways to keep minorities out of the white neighborhoods even after the Orrs had crossed the line. In fact, social and economic obstacles blocking access to fair housing for minorities remain today.

And urban planning experts say such racial barriers must come down if the city and the county of York are to reach their full potential.

Restrictions elsewhere in York County

By 1963, the 1947 Fayfield subdivision restriction prohibiting the occupancy of any Fayfield home “by any Negro, or any person of Negro extraction, excepting domestic servants …” had disappeared.

The same discriminatory restrictions against minority ownership were found in the 1931 subdivision plan for the proposed Wyndham Hills area. That covenant prohibited home ownership or occupancy by any “negro” or “Mongolian.”

Brooklyn Law School Professor David Reiss, Academic Program Director for The Center for Urban Business Entrepreneurship, explained the term “Mongolian” in that time period was used to refer to “various people of Asian descent, including those of Chinese and Japanese heritage.”

The Wyndham Hills deed restriction placed minority home ownership under its “Nuisances” clause along with operating a foundry, a slaughterhouse, bone-boiling “or other establishment offensive to the neighborhood.”

And, it wasn’t just in the middle- and upper-class York County suburbs either. Two city homes a block apart on West Kurtz Avenue and West Maple Street, for example, carried the same minority ownership restrictions.

That initial covenant restriction against minority home ownership in Fayfield was to be open to a vote among home owners in the neighborhood in 1952. Fayfield homeowners were to vote whether the prohibition against minority ownership was to be removed, rescinded, altered, changed or extended for definite periods of time or perpetuity.

If that vote ever took place, York County historical records don’t easily reveal any documentation of it.

Now illegal, but effects remain

Steve Snell, former president of Realtors Association of York and Adams Counties, said those covenants and restrictions — while apparently legal when written — became blatantly unlawful. He couldn’t be sure if Fayfield homeowners took any action against them or if they were quietly removed as houses in the neighborhood were resold.

These covenants and restrictions kept minorities concentrated in impoverished neighborhoods, primarily in the city of York. The effects of this concentration of poverty remain today, according to acclaimed urban planner David Rusk and others who have studied York. Those effects are seen in everything from the rate of homicide to the school dropout rate.

 

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