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21-01 - 03-16-21 Condemning the Use of Discriminatory Covenants Just Deeds CoalitionHRA RESOLUTION NO. 21 –01 RESOLUTION CONDEMNING THE USE OF DISCRIMINATORY COVENANTS, DISCHARGING DISCRIMINATORY COVENANTS ON HRA-OWNED PROPERTY, AND APPROVING PARTICIPATION IN THE JUST DEEDS COALITION WHEREAS, discriminatory covenants were tools used by real estate developers to prevent BIPOC and non-Christian individuals from buying or occupying property in certain areas, and they were common throughout the United States from the early 1900s to the 1960s; and WHEREAS, the purpose of discriminatory covenants was to racially and religiously homogenize communities by excluding BIPOC and non-Christian individuals from Golden Valley. These tools segregated the metro area and built a hidden system of apartheid; and WHEREAS, in 2016, the University of Minnesota founded Mapping Prejudice to expose the racist practices that shaped the landscape of the metro area. Mapping Prejudice researched restrictive covenants in Hennepin County and created the first-ever comprehensive map of racial covenants in an American city. The project mapped 24,131 covenants in Hennepin County, including 1,604 covenants in Golden Valley; and WHEREAS, an example of a common covenant in Golden Valley declared that “No part of said premises shall ever be used or occupied by or sold, conveyed, leased, rented or given to Negroes, or Mongolians or Hebrews or any person or persons of the negro race, or Mongolian race or Hebrew race or blood; and WHEREAS, the discriminatory covenants in Golden Valley are concentrated along its borders with Minneapolis and Robbinsdale, and in other desirable areas in the City, such as near downtown, around parks and open spaces, and near the private golf course; and WHEREAS, the Housing and Redevelopment Authority in and for the City of Golden Valley (the “HRA”) owns 17 parcels of land that contain a discriminatory covenant, including parcels located in and around the Dahlberg Open Space near Highway 55 and Theodore Wirth Park ; and WHEREAS, Golden Valley City leaders knew about the use of discriminatory covenants and sanctioned their use. For example, meeting minutes show that in 1938 the Planning Commission and City Council required the developer of the West Tyrol Hills subdivision to impose discriminatory covenants on all lots in the development as a condition of granting the required land use approvals; and WHEREAS, restrictive covenants are no longer enforceable. Legal efforts to eliminate Discriminatory Covenants include Shelley v. Kraemer, 334 U.S. 1 (1948), in which the United States Supreme Court prohibited courts from enforcing Discriminatory Covenants and the Minnesota legislature in 1953 enacted statutes that prohibited new covenants, but existing covenants were still legal in Minnesota until 1962; and DocuSign Envelope ID: ECFE9085-8F51-46F6-BEF0-21BC11321C4E WHEREAS, as a result of these judicial and legislative actions, today, Minnesota law and federal law prohibit discrimination in the sale or lease of housing based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual o rientation, or familial status and those state and federal prohibitions extend to the refusal to sell or to circulate, post or cause to be printed, circulated, or posted, any limitation, specification, or discrimination as to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status; and WHEREAS, in 2019, the Minnesota Legislature passed a law authorizing property owners to individually discharge or renounce discriminatory covenants by recording a discharge form in the county property records; and WHEREAS, discriminatory covenants promoted and established residential racial segregation, which historically and currently has impacted property ownership, accumulation of wealth, property transfers, mortgage eligibility, rental eligibility, property values, property tax base, internet access, and more. Discriminatory covenants fortified systemic racism and compounded economic divestment in specific communities within Hennepin County; and WHEREAS, discriminatory covenants benefitted White communities. For example, homes that were racially covenanted are still predominantly owned by White people and are worth approximately 15% more today than non-covenanted properties; and WHEREAS, discriminatory covenants created demographic patterns that remain in place today. Due in part to this historical practice, the population of the City of Golden Valley is less racially diverse than the populations of all of its neigh boring communities and has a lower percentage of minority owned businesses than many neighboring communities; and WHEREAS, in 2019, the City Council directed the Human Rights Commission to begin work on the Just Deeds Project, which connects residents to pro bono attorneys who can help remove discriminatory covenants from property titles in Golden Valley; and WHEREAS, on October 7, 2020 the Golden Valley City Council adopted Resolution No. 20-54 directing the City to participate in the work of the Just De eds Coalition and, since that date the coalition has:  expanded to include five other cities, including Robbinsdale, Crystal, New Hope, Minnetonka, and Minneapolis;  launched a Just Deeds website (www.justdeeds.org) and social media platforms;  expanded its reach to include realtors, attorneys, title professionals, individuals, community volunteers, educational institutions, and other; and  participated in numerous community and educational events about systemic racism in housing; and WHEREAS, the Golden Valley HRA recognizes the harm that Discriminatory Covenants—and the racial, religious, and other discriminatory practices that they represent —cause to society in general and to the individuals who are adversely affected by racial, religious, and other discrimination through the presence of discriminatory covenants in the public land records. DocuSign Envelope ID: ECFE9085-8F51-46F6-BEF0-21BC11321C4E BE IT RESOLVED by the City Council of the City of Golden Valley that: 1. The Housing and Redevelopment Authority in and for the City of Golden Valley disavows and condemns the past use of discriminatory covenants and prohibits discriminatory covenants from being used in the future. 2. The HRA Attorney is directed to investigate and to identify any real property owned or leased by the HRA that contains discriminatory covenants and to prepare and record an affidavit or request an examiner’s directive discharging such discriminatory covenants pursuant to Minnesota Statute § 507.18, subd. 5. 3. HRA staff is directed to participate in the work of the Just Deeds Coalition to educate the community about this and other historically discriminatory practices; to identify contemporary discriminatory systems, policies, and practices; and to take action to dismantling racist systems, practices, and policies in the City of Golden Valley to create equity for all. Adopted by the City Council of Golden Valley, Minnesota this 16th day of March, 2021. _____________________________ Maurice Harris, Chair ATTEST: _____________________________ Theresa J. Schyma, City Clerk DocuSign Envelope ID: ECFE9085-8F51-46F6-BEF0-21BC11321C4E