Bill to eliminate discriminatory language in homeowner covenants passes Senate

OLYMPIA – Despite being ruled unenforceable by law and the courts, racial covenants continue to be part of homeowner association documents for neighborhoods in Seattle and across the state. Senate Bill 6169, sponsored by Sen. Jeanne Kohl-Welles, D-Seattle, would give homeowner associations the teeth they need to strip such language from their governing documents. The bill passed the Senate unanimously today.

“This bill makes it easier for homeowner associations to amend covenants,” Kohl-Welles said. “As deplorable as having this offensive language remain in these documents is, the solution is simple.”

Kohl-Welles’ bill would give a homeowner association an easier way to remove restrictive covenants. A simple majority vote of its board could amend its governing documents by removing any language that forbids or restricts use based on an individual’s race, color, creed, sex, national origin, disability, or use of a trained dog or service animal. In addition, an association member could submit a written request to the board, asking the board to amend the governing documents for the purpose of removing restrictive covenants. A board would have a duty to comply with such written requests within a reasonable time. The bill would further direct the covenants to record the reason for striking the discriminatory language.

The matter was brought to Kohl-Welles’ attention by a constituent who wanted to delete the offensive language from covenants in her neighborhood, but learned that state law prevented its removal.

Although racially based covenants have not been in practice for decades, the bill would bring the state into closer alignment with the U.S. Supreme Court decisions, the Federal Fair Housing Act, and Washington state law, all of which forbid discrimination in housing.

The 2006 legislative session convened on Jan. 9 and is scheduled to adjourn on March 9.

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