By DAN TOMASELLO
LYNNFIELD — The Southern Essex Registry of Deeds is implementing a program that seeks to “clean” property deeds containing discriminatory restrictions.
Register Eileen Duff stated in a press release that the new program seeks to “ensure that new deeds no longer contain or references exclusionary language.”
“Discriminatory language, including racial covenants in land records, were common practice as a tool to exclude certain racial and ethnic groups from accessing the housing market entirely or in specific neighborhoods,” stated Duff.
Duff stated that the Southern Essex Registry of Deeds is implementing the new initiative two years after the North Shore NAACP and Harborlight Homes, a Beverly-based affordable housing nonprofit organization, undertook the “Dirty Deeds Project.” The project revealed that hundreds of deeds across the North Shore contain racist covenants included as part of deeds that sought to prohibit people of color and other ethnic groups from living in those properties.
“Thanks to the work of Harborlight Homes and the North Shore NAACP, we have identified approximately 600 ‘dirty deeds’ in the Southern Essex Registry’s district that still contain restrictive covenants that have been declared illegal and voided,” said Duff. “It is not enough to say this language is unenforceable; instead, we must ensure the language is discontinued and removed from future deeds so this language remains only as a reminder of our nation’s past and a lesson for the future.”
Former Harborlight Homes Advocacy and Education Manager Jean Michael Fana informed the Villager in an October 2023 interview that 122 properties in Lynnfield have “racial covenants in their paper trail.”
“Lynnfield had the most of any North Shore community by any measure,” said Fana. “The language on all of them for Lynnfield either say, ‘not be conveyed to person not of Caucasian race’ or ‘no persons other than Caucasian race shall use.’ They are not legally enforceable.”
In addition to the 122 Lynnfield properties that have racial covenants, Fana said there are 81 properties in Danvers, 51 in Nahant and 37 in Saugus that contain similar language.
Duff stated in the press release that, “In many cases, this language was unknowingly retained in newer quitclaim deeds when the previous deed had been used as a starting template for the new sale’s deed.”
“By removing restrictive language, the cycle will be broken and ensure discriminatory covenants are never included or referenced again on any active or new deed,” stated Duff. “I have directed my staff to no longer record any deed that includes or references such language, but we still need to address the approximately 600 active deeds that still do.”
The U.S. Supreme Court ruled in 1948’s Shelley v. Kraemer case that restrictive racial covenants in real property deeds were unconstitutional because they violated the 14th Amendment’s equal protection provision. The Fair Housing Act of 1968 prohibited discrimination concerning the sale, rental and financing of housing based on race, religion, national origin, sex, disability and family status.
Southern Essex Registry of Deeds Administrator Tyler Carlton-Kelley explained how discriminatory restrictions can be removed from deeds in an email sent to the Villager.
“We are unable to redact or erase previously recorded deeds, so what has to happen is that the owner(s) of each property need to come in and sign a legal affidavit indicating they would like the language removed from this point forward,” Carlton-Kelley stated. “We will be offering this for free at the registry, so all they need to do is come in. We will be reaching out to each property owner via phone and mail to inform them about this, so we do hope to hit 100 percent being removed; but again that does hinder on the fact that each property owner has to agree to do it.”
Duff agreed.
“The Registry will contact the owners of the affected properties via mail and phone to each of to offer assistance in removing any discriminatory language,” Duff wrote in the press release. “This will be done through a legal affidavit and will be recorded at no cost to property owners at the Registry.”
If a property owner receives a notification from the Registry of Deeds, they can call the Registry at (978)-542-1700.
The Southern Essex County Registry of Deeds is located at 100 Cummings Center, Suite 206-C, Beverly, and is on the second floor in the 100 Building next to the East parking garage.