by Rachel Dworkin, archivist
In February 1958, Ganung Realty Company listed 917 Lake Street in Elmira for sale. The spacious home had 4 bedrooms, 1 bath, an attic playroom, multiple fireplaces, and an enclosed front porch. It also boasted a 2-car garage and a fenced-in back yard perfect for pets. The list price as $10,800 or approximately $125,000 in today’s dollars. There was one catch: no coloreds.
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917 Lake Street
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917 Lake Street realtor's notes.
Real covenants, or legal agreements related to land use, have a long history in American law. These agreements can be between the current owner and buyer, between the current owner and all future buyers, and between neighbors as in a home owners’ association. Covenants can lay out an action which must be performed or forbid an action. In the case of covenants between owners and buyers, the terms of the agreement are written right into the deed of sale. Up until fairly recently, it was legal to restrict the race of who could buy or rent a property.
In America, the first racially restrictive housing covenants emerged in the mid-19th century. They didn’t become widespread, however, until 1917 when the Supreme Court struck down race-based municipal zoning laws in the case Buchanan v. Warley. White landowners turned to racial covenants to keep racial minorities out of their neighborhoods. The specific language used varied wildly. Some simply specified that owners must be white or American-born. Others named specific groups blocked from buying, most often Blacks, but frequently including Asians, Jews, and immigrants.
Locally, there is little evidence of racial zoning laws. There were, however, multiple housing developments with racial restrictions. From 1914 through 1916, the Glen View Manor development, located in West Elmira between Water and Church Streets across from Rorick’s Glen, was billed as “fully restricted” and “carefully restricted” with “not a lot sold to an undesirable party.” The Fairfax development, located on the Southside off Broadway, was more explicit with regard to racial segregation. A 1929 ad proudly proclaimed the development was restricted to white people only. Just a year later, the Blemont tract, between Lake and Grand Central Avenue on the northside, was similarly restricted. Most of West Elmira’s post-war construction was advertised as being a “restricted neighborhood.”

Ad for Fairfax development, June 28, 1929
Civil rights activists did not take this lying down. The NAACP
(National Association for the Advancement of Colored People) and various buyers
of color brought a series of lawsuits related to racial covenants. In 1926, the
Supreme Court upheld them as legal in Corrigan
v. Buckley as they were private and not government action. In 1948,
however, the court reversed course in Shelley
v. Kraemer, finding that, while having a housing covenant in and of itself
didn’t violate the Fourteenth Amendment, using a court to enforce it did.
Despite this, homeowners continued to use racial covenants until 1968 when Title
VIII of the Civil Rights Act, better known as the Fair Housing Act, explicitly
prohibited racial covenants and discrimination against renters and buyers based
on race, color, religion, or nation of origin. The law was later expanded to
include sex, family status, disability, and LGBTQ status.
Despite no longer being legal, the effects of racial housing covenants still linger today. The racist language is still written into historic deeds and appears on abstracts of title. Moreover, the economic impact still persists. Multiple generations of Black families were unable to build generational wealth through homeownership. Generally speaking, homeownership accounts for as much as two-thirds of individual household wealth. White families are four times more likely to inherit a house or received funds from the sale of one as Black families. Economists estimate that between 12 and 16% of the nation’s persistent racial wealth gap stems from this disparity. The house on Lake Street was far from an isolated incident and racial covenants restricted far more than where people could live.

















