State Rep. Hearcel Craig (D-Columbus) and Franklin County Recorder Danny O’Connor today announced new legislation to give property owners the freedom to redact discriminatory language from their online housing documents.
The proposed law change follows O’Connor’s discoveries of racially discriminating language, or restrictive covenants, expressed in thousands of property documents that historically barred African Americans, Jews and others from owning a home in some neighborhoods.
“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.
Housing discrimination referenced in these property documents has been unlawful and unenforceable since a 1948 Supreme Court ruling and the enactment of the Fair Housing Act of 1968. However, under current Ohio law, county recorders do not hold the authority to edit documents once they have been recorded, regardless of the content.
“As a military veteran and state representative, I believe that protecting our country’s fundamental values of freedom and equality are vital to ensuring a high quality of life for everyone,” said Craig. “This language undermines our strides, advancement and progress as a community and nation. Redacting it is a small, but simple step we can take to further thoughtful dialogue within our communities, while showing would-be residents and businesses that we are not stuck in shadows of our past.”
The proposed legislation would specifically allow property owners, attorneys, title companies and other agents authorized to do business in Ohio to notify their recorder’s office of a potential restrictive covenant, as well as give the recorder permission to redact a restrictive covenant from an online version of the property document. The original