How to Remove a Racist Deed Covenant

By Ricky Albores, Honorary NWCA Member

As you may know, the Maryland Legislature passed a law in 2020 to allow residents to file amendments to historic deeds to remove racially restrictive covenants from land records.

I had heard that some homeowners associations had successfully applied to have racist covenants stricken from their deeds as early as 2019. In November 2021, I contacted the Montgomery County State’s Attorney’s office for instructions on how to do this myself under the 2020 law. They sent me an intake form and instructions. I had already found the original deed to our house in the Maryland Land Records. The process took a little time to work my way back through the intervening deeds, which contained the relevant deed book/folio and page numbers to find the first deed from the Woodside Development Corporation to J. Reginald Boyd, the buyer who had our house built.

Once I found the deed, I was hoping it didn’t have a racially restrictive covenant, but alas it did. The 1925 deed provided, among other things, that:

“For the purpose of sanitation and health, neither the said party of the second part [buyer], nor their heirs or assigns shall or will sell or lease the said land to any one OF A RACE WHOSE DEATH RATE IS AT A HIGHER PERCENTAGE THAN THE WHITE RACE.” (Emphasis added)

I printed out the deed, crossed out the offensive covenant, filled out the State of Maryland Restrictive Covenant modification form, and took it to the Montgomery County Circuit Court, where a clerk took my documents, but issued no receipt or copy. Three months later I received my original signed and approved intake form and modified deed. Upon examination, it appears the county attorney approved the modification on January 18, 2022. I looked up the modification in the Maryland Land Records and found the modification online. All in all a fairly simple process after finding the deed. Also a satisfying personal endeavor that I’m happy to share with my neighbors across Georgia Ave.

Editor’s note: Ricky recently moved to nearby Woodside Park, after living on Hanover St. for 20 years. Many properties in North Woodside have similar racist deed covenants.

» Want to find out if your house has a racist deed covenant? You’ll need to do a chain of title search to dig up old deeds.

Digging into Neighborhood History

On February 16, 2022, many neighbors tuned into an online training by Kirsten L. Crase, PhD, University of Maryland, on how to research the history of their homes. The training inspired a search of historic newspaper digital archives for articles related to the neighborhood. Among many fascinating finds, neighbors uncovered a plethora of original advertisements for North Woodside homes. Can you find these homes today?

Source: Evening Star (Washington, D.C.), Chronicling America: Historic American Newspapers. Lib. of Congress. Dates/Pages (left to right): September 15, 1928, Page 23; August 21, 1936, Page 16; September 6, 1930, Page B2; April 25, 1931, Page B2.

Many of the old North Woodside advertisements, such as the large one above, tout the
“exclusive” nature of the community and “the protection of its sensible restrictions,” not-so-subtle allusions to racially restrictive deed covenants.

For more information on researching the history of your home:

And if you discover your home has a racist deed covenant: