Disavowing Discriminatory CC&Rs

from HERITAGE Magazine - Fall 2021

The New Neighborhood Hangout

LOCAL GOVERNMENT Disavowing Discriminatory CC&Rs

It’s a little-known fact, because not many people read their conditions, covenants and restrictions (CC&Rs), but many of these documents related to properties in older neighborhoods like Reno’s Old Southwest contain discriminatory language. The language was usually meant to prevent people of color from owning or occupying a home in that neighborhood.

The discriminatory language is fairly common in CC&R documents for homes in older neighborhoods in Washoe County and elsewhere throughout the state. The language dates back to Nevada’s earliest days as a state. The Civil Rights Act, passed in 1968, voided the policies and practices described in the discriminatory language, so it is commonly found in documents for neighborhoods built before the Act was passed.

Thanks to Nevada Senate Bill 117, passed in 2019, homeowners have the ability to disavow the language in the CC&R documents associated with their home. To do so, homeowners can file a document called a “Declaration of Removal of Discriminatory Restriction” with the Washoe County Recorder’s office. Filing the form with the County does not make changes to the historical records, but it does allow the homeowner to officially disavow the discriminatory language associated with their property.

In 2019, when Senate Bill 117 was passed, Washoe County Recorder Kalie Work said, “The enduring language of segregation and discrimination sends an outdated and harmful message to our community. I am pleased Senate Bill 117 addresses these stains of racism and seeks equality for all Washoe County residents.”

Normally, to file the form with the County, homeowners must pay a $43 fee. However, Alexis Hill, elected to the Washoe County Board of Commissioners in 2020, recently announced that she will cover the fees for homeowners on these filings using her discretionary County funds.

In an article on ThisIsReno.com Hill said, “We want to get the word out that this is something people can do. It’s definitely something that’s needed.”

The Declaration of Removal of Discriminatory Restriction form is available via a link on the home page of the Washoe County Recorder’s website at washoecounty.gov/recorder or by calling 775-328-3661.

Alexis Hill, Washoe County Commissioner

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