Restrictive Covenants

Historically, restrictive covenants, were one of the discriminatory practices  used against racial or religious groups of people. Tonight, as Jews across the world prepare for Yom Kippur, also known as the day of atonement, I want to acknowledge and speak about the restrictive covenants that came to post-World War II Northbrook. 

Northbrook Highlands was the first modern subdivision within the town limits and is the precursor to Northbrook’s growth into the vibrant suburban community it is today. 

Thankfully, it was the only one of the three subdivisions Benjamin Bills built that had restrictive covenants. In a paragraph with the heading “Bill’s protective restrictions” in the subdivision brochure was language telling what was, and what was not allowed to be built in the subdivision and 11 words about who could live there. The covenant reads in part:

Single family dwellings only; buildings to be placed on established set-back lines; minimum 7500 square footage lot areas; prevention of obnoxious or offensive trades, use and occupancy limited to members of the Caucasian-Aryan race, elimination of outdoor advertising or signs; no exposed storage or fuel tanks; no keeping of bees, cattle, horses, poultry, goats, or swine.

By 1948, the Supreme Court had deemed racial restrictive covenants unenforceable, yet developers and realtors continued to put them in deeds as a way saying, “you are not welcome here.” The practice was finally outlawed by the Fair Housing Act in 1968.

However, since covenants run with the land they are part of the land title in perpetuity. Beginning on January 1, 2022, House Bill 58, also known as Johnson’s Law, takes effect giving Illinois homeowners an easy and affordable way to remove this racist language from their property deeds. To do so, you must file a request for a restrictive covenant modification to the local county recorder. The fee for doing this can be no more than $10. 

If you are interested in learning more about the practices that led to racial segregation in American and what we can be done to reverse them please go to the Northbrook Library web page and sign up for the October 13 virtual presentation, “The Color of Law & Reversing Segregation” presented by New York time best-selling author and esteemed expert and researcher Richard Rothstein. The event is co-sponsored by Northbrook Racial Awareness in the North Shore (RAIN) and the Together is Better Alliance (TiBA) with the Northbrook Library and 48 additional Illinois Libraries.