RACIAL RESTRICTIONS IN PROPERTY DEEDS: TOWARDS AN INCLUSIVE FUTURE

Abstract

The enduring impact of racially restrictive covenants has created profound effects on social norms, property ownership, and community identity in the United States. While these covenants became legally unenforceable by Shelley v. Kraemer in 1948, their legacy continues through deeply established social meanings and inequities in the housing market. Using insight from social norm theories by Lawrence Lessig, Cass Sunstein, Robert Cooter, and Richard McAdams, this research discusses how racial covenants shaped societies' perceptions of race and property. This perception has maintained segregation through collective action barriers. This thesis analyzes modern efforts to address this legacy through initiatives to dismantle systemic housing discrimination through legal and economic incentives. By combining a historical analysis of restrictive covenants with new policy evaluations, this thesis shows the importance of addressing legal and social barriers to creating inclusive housing.