COLUMBUS – Franklin County’s Recorder and a Columbus lawmaker are trying to change Ohio law to allow discriminatory language removed from online housing documents.
Thousands of property documents on file in Ohio contain racially discriminating language or restrictive covenants that have historically barred African-Americans, Jews and others from owning a home in some neighborhoods.
State Rep. Hearcel Craig (D-Columbus) and Franklin County Recorder Danny O’Connor Monday announced new legislation to give property owners the freedom to redact such language from their online documents.
“Even though this type of discrimination is not enforceable, I want to make it clear that in Ohio, and certainly in Franklin County, we do not condone offensive or discriminatory language of any kind,” said O’Connor.
The kind of discrimination referenced in the documents has been unlawful and unenforceable since a 1948 Supreme Court ruling and the enactment of the 1968 Fair Housing Act but current state law prohibits county recorders editing documents once they have been recorded, regardless of the content, Craig and O’Connor said in their joint statement.
Even though these discriminatory covenants are no longer lawful, they still send a message to millions of minorities who simply want to have a home for themselves and their families. The message is a harsh reminder that “You were not equal.” Messages of this kind are unacceptable, un-American and, as a community, we must let property owners make their own decisions about this kind of language being included in publicly viewed documents. –Rep. Hearcel Craig (D-Columbus)
Even though these discriminatory covenants are no longer lawful, they still send a message to millions of minorities who simply want to have a home for themselves and their families. The message is a harsh reminder that “You were not equal,” Craig said.
Their proposal would allow property owners, attorneys, title companies and other agents to notify their recorder’s office of a potential restrictive covenant and give the recorder permission to redact it from an online version of the while keeping the original document for historical purposes, said Craig and O’Connor.
The bill will be assigned to a House Standing Committee, where it will wait to receive a first hearing.