Arkansas State Press

NAACP Wins N. Y. Covenant Case

New York White property owners in St. Albans, New York, have lost a two-year court fight to restrain Samuel Richardson, a Negro from buying and occupying a home in their neighborhood. On July 16, the New York Court of Appeals handed down a decision banning the enforcement of restrictive real estate covenants in this state.

This decision came in the case of Kemp v. Rubin, which began in 1946. At that time, Mr. Richardson contracted for the purchase of a home in St. Albans, a restricted area. Harold F. Kemp, John H. Lutz and other co-signers of an agreement barring Negro occupancy, brought suit against Mrs. Sophie Rubin, the owner of the home, seeking to prevent the transfer of the property to Mr. Richardson. The National Association for the Advancement of Colored People, through its attorney, Andrew D. Weinberger of New York City, undertook the defense of Mr. Richardson.

In March, 1946, an injunction was granted by Judge Jacob Livingston in the Supreme Court of Queens County. On appeal to the Appellate Division, Judge Livingston's decision was unanimously affirmed in February, 1947. This decision was reversed by the Court of Appeals on July 16 on the basis of the United States Supreme Court decision of last May 3, which held that such agreements are unenforceable by state or federal courts.