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Removing Unlawful Restrictive Covenants

In Washington State, and more specifically, in our own backyards of Bellingham, Lynden, Ferndale, Blaine and neighborhoods throughout Whatcom and Skagit counties, there lies a dark history many don’t see. Until one reads the fine print of a property deed or Homeowners Association (HOA) documents, it’s easy to overlook the very real racial disparities woven into the foundations of our neighborhoods.
Restrictive covenants, once a common tool of real estate development, were designed to keep neighborhoods racially segregated. They often prohibited property ownership, or any type of occupancy, by Black, Asian, Native American, and Latino people — unless they were there as domestic workers. These covenants were not just social customs; they were legal, enforceable, and actively used in many Northwest Washington developments well into the mid-20th century.

While racial exclusions were the most notable, other marginalized groups were also systematically denied housing opportunities. Some covenants targeted people based on religion, particularly Jewish families. Others excluded people based on national origin, barring immigrants even after naturalization. In more recent history, documents and HOA practices discriminated against single mothers, families with children, and people with disabilities through zoning or design. Discrimination based on gender identity or sexual orientation, though less common in earlier documents, has occurred through selective enforcement and HOA rules.

These layers of exclusion were not incidental, they were intentional. Together, they created long-term barriers to generational wealth, education, and political representation that still impact our communities today.

Although the U.S. Supreme Court ruled in Shelley v. Kraemer (1948) that racially restrictive covenants could not be enforced by courts, and the federal Fair Housing Act of 1968 banned housing discrimination, these restrictive covenants remain embedded in deeds and plat maps across the region. These covenants no longer have any legality, but they remain a dark mark on our history back to a time when racism was systematically embedded into the culture of our communities.

In Bellingham, the echoes of exclusion are well documented. The city has a painful history, including the 1907 expulsion of its South Asian immigrant population. Real estate developers and homeowner associations built upon that legacy with restrictive covenants, using them as tools to preserve "desirable" racial homogeneity. These practices were mirrored in nearby towns, particularly as new subdivisions spread after World War II.

Many of the families affected were denied access to one of the most important sources of generational wealth: homeownership. These covenants helped perpetuate patterns of segregation, exclusivity and equity disparity that still greatly impact our schools, neighborhoods, and public health today.

Thankfully, Washington State now offers a legal pathway to repudiate these discriminatory documents. Under RCW 49.60.227, any homeowner who discovers a racial covenant in their property records can file a “Restrictive Covenant Modification” form with their county auditor. This form strikes the offensive language from the record and replaces it with a statement affirming the unenforceability and illegality of racial discrimination in housing.

In Whatcom County, the process is simple:

1. Visit the Whatcom County Auditor’s Office website or stop by in person
2.  Download or request the Restrictive Covenant Modification form
3. Complete the form with your property’s legal description (found on your deed or title report)
4.  Submit the form to the auditor’s office for recording, typically for a standard recording fee

Once recorded, the modification does not delete the original document but adds an official public statement to the property record that repudiates the discriminatory language and affirms it is legally void.
This process does not require a lawyer, court petition, or any cost beyond possibly a standard recording fee. Yet many homeowners still don’t know this option exists.

If your property is part of a homeowner’s association (HOA), or has multiple owners, the process may be a little trickier but can still move forward.

In most cases, any one property owner may initiate the Restrictive Covenant Modification for their individual parcel (as above). However, for shared common areas or HOA-wide documents (such as governing bylaws or recorded CC&Rs), the board or association leadership may need to submit the form on behalf of the community. Homeowners are encouraged to work with their HOA to identify outdated or discriminatory language in shared governing documents and to adopt a resolution authorizing the modification. This ensures that the repudiation is publicly recorded and applies to all affected properties.

If the subject property has multiple owners, all owners must be a party to the Restrictive Covenant Modification.

For both the HOA and multiple owner properties one may want to employ a lawyerthe benefit of legal review will ensure all procedural requirements are met.   

Whatcom County has begun efforts to educate the public and facilitate covenant modification, but broader awareness is still needed. I believe local real estate professionals, title companies, and neighborhood associations are uniquely positioned to help, and have a responsibility to identify and address these records when they surface to educate and guide homeowners through the modification process, ensuring timely and effective action.

Currently, title companies review title reports primarily to verify the seller’s ownership and flag any issues that might prevent a clear transfer. They do not typically identify or address discriminatory language in older property documents. As Chair of the Whatcom County Association of Realtors DEI Committee, I plan to pursue ways our local real estate industry can help change that.

One potential avenue is to integrate the Restrictive Covenant Modification process into the title transfer during a sale. While this isn’t yet common practice, it may be possible to record the modification form at the time of closing—if buyers are informed and empowered to request it.

Achieving this will require intentional education of our Realtor membership, who in turn can educate their clients. When buyers are made aware of these covenants and the opportunity to repudiate them, they can help drive change—one transaction at a time.

The University of Washington’s Racial Restrictive Covenants Project has developed a public-facing mapping tool that identifies neighborhoods with historic restrictive covenants across Washington State. In Whatcom County alone, the tool highlights more than 1,350 restricted parcels and 35 subdivisions.

This resource is freely accessible and can be used by any homeowner, researcher, or community member interested in learning about the legacy of housing discrimination, or pursuing a modification to their own property records. It offers a powerful starting point for those looking to take individual or collective action to repudiate discriminatory language embedded in our local land titles.

Removing this language won’t erase the past, but it’s an important step toward acknowledging it. We have an opportunity not just to repudiate these words, but to send a clear message: our communities no longer tolerate the prejudices that once dictated who belonged and who didn’t. By working together, we can ensure these harmful remnants of the past are no longer silently carried forward.
Let’s begin the work of righting these wrongs and cultivating a more inclusive, equitable future for all.

Shenandoah Myrick
Whatcom County Association of Realtors DEI Chair