Moodus and East Haddam are known for their scenic beauty and vibrant lake communities. But hidden in our property records is a troubling legacy: racially restrictive covenants. These clauses, while unenforceable and unconstitutional today, were once used to bar people of non-Caucasian descent from owning or living in certain homes.

This is more than just a historical footnote—these relics remain in our deeds, serving as silent reminders of systemic exclusion. Now, it’s up to us as a community to confront this past and take action to correct it.

What Are Racially Restrictive Covenants?

These covenants were legal tools embedded in property deeds to enforce segregation. In many lake communities in Moodus and East Haddam, these clauses explicitly stated that homes could only be sold to Caucasians. While the Supreme Court made these covenants legally unenforceable in 1948, they persist in our property records to this day.

Such language not only tarnishes our history but also underscores the lasting impact of systemic racism in shaping who had access to opportunity and community.

How to Remove These Clauses

Connecticut offers a clear and accessible path to remove these offensive clauses. In 2021, the state passed House Bill 6665, which gives property owners the right to remove racially restrictive covenants from their deeds. Here’s how it works:

Check Your Deed: Review your property records for any restrictive language. If you live in Moodus, East Haddam, or the surrounding lake communities, this step is crucial.

File an Affidavit: If you find discriminatory clauses, you can file an affidavit with your town clerk to officially void the language.

How to Create and File an Affidavit to Remove Restrictive Covenants

1. Understand What the Affidavit Does

An affidavit for this process officially declares that the racially restrictive language in your property deed is invalid under current laws and should be removed from the public record.

2. Gather Necessary Information

You’ll need the following details to prepare the affidavit:

• Your name and contact information

• The property’s address and legal description (found in the deed)

• The specific language in the deed you want removed

• A reference to the law that invalidates the language (e.g., Connecticut’s HB 6665 or federal rulings like Shelley v. Kraemer)

3. Draft the Affidavit

Use a simple, clear format. Below is an example template:

Sample Affidavit to Remove Restrictive Covenants

State of Connecticut

County of [Your County]

I, [Your Full Name], being duly sworn, depose and say as follows:

1. I am the owner of the property located at [Property Address], legally described as [Legal Property Description from the deed].

2. The deed for this property, recorded in the land records of [Town Name], includes language that is racially restrictive and discriminatory in nature.

3. Specifically, the deed contains the following clause:

“[Insert exact wording of the restrictive covenant].”

4. This language is unenforceable under the laws of the United States, including the Fair Housing Act of 1968, and the State of Connecticut’s House Bill 6665.

5. I request that this affidavit be recorded in the land records of [Town Name] to officially void and render the aforementioned restrictive language null and void.

I declare under penalty of perjury that the foregoing is true and correct.

Signed: [Your Full Name]

Date: [Insert Date]

Subscribed and sworn to before me this [day] of [month, year].

Notary Public Signature

My Commission Expires: [Insert Date]

4. Notarize the Affidavit

Bring the completed affidavit to the Town Clerk. In East Haddam, the town clerk and assistant clerk are notary publics. I cannot vouch for other towns.

5. File the Affidavit

• Visit the town clerk’s office where your property is located.

• Submit the notarized affidavit and request that it be recorded in the land records.

• There should be no fee to do this.

6. Keep a Copy

Retain a certified copy of the affidavit for your personal records.

Get Help: Your town clerk’s office can guide you through the process, ensuring the language is removed correctly and legally.

Spread the Word: Let your neighbors know about this process. Many people may not even be aware these clauses exist or that they can be removed.

(More about this legislation here)

This process is straightforward but powerful. By taking action, you’re not only correcting an injustice in your own records but also setting an example for others.

Why This Matters

Removing these clauses is more than a legal formality—it’s a step toward reconciliation and equity. While the clauses may no longer have legal force, their presence in our deeds serves as a reminder of our history of exclusion. By actively removing them, we signal that Moodus and East Haddam are communities committed to inclusivity.

At the same time, preserving records of these covenants in historical archives ensures that we remember the systemic racism that shaped our neighborhoods. Understanding this history is vital to ensuring it is never repeated.

A Community Effort

Moodus and East Haddam’s lake communities, often governed by homeowner associations and private roads, are places where these clauses were most commonly used. As a community, we have a responsibility to address this legacy together:

• Host Community Discussions: Encourage open conversations at town meetings or through homeowner associations.

• Educate Neighbors: Share information about how to check deeds and remove restrictive language.

• Preserve and Document: Work with local historical societies to archive these documents for educational purposes.

Join the Movement

Have you found a racially restrictive covenant in your deed? Are you unsure how to check or what steps to take? Share your experiences and questions in the comments below. Let’s work together to spread awareness, remove these remnants of discrimination, and ensure Moodus and East Haddam are communities where everyone feels welcome.