The Democrat governor of Washington state signed a bill this week which gave preference to “black, indigenous, and people of color” for forgivable loans, a proposal called “lawlessness” by a United States senator.
The bill, HB 1696, states:
As part of the covenant homeownership program, the department shall contract with the commission to design, develop, implement and evaluate one or more special purpose credit programs to reduce racial disparities in ownership in the state by providing down payment and closing cost assistance… The contract must authorize the commission to use up to one percent of the contract to provide targeted education, homeownership counseling, and outreach about special purpose credit programs created under this section to black, indigenous, and people of color and other historically marginalized communities in Washington state.
In 2023, Democrats in the state passed the Covenant Homeownership Program, which they said was a response to “historically marginalized communities” and the effects of racism in the real estate market and industry, creating a credit program for black, indigenous, and people of color communities that were impacted before the Fair Housing Act of 1968, Julie Barrett of Conservative Ladies of America noted. “The state contracted with a commission to administer the program to determine how the funds were going to be used and how they were going to be disbursed,” she added.
House Bill 1696 amended the bill by expanding eligibility by raising the area median income threshold (AMI) for eligibility to 120%. If a borrower’s income is 80% or less of the AMI, their loans can be completely forgiven after five years. Anyone who is a descendant of a resident of the state before 1968 and was adversely affected before the Fair Housing Act of 1968 is eligible.
The bill was sponsored by Rep. Jamila Taylor, who said, “Homeownership is a gateway to building generational wealth, and it was largely closed to Black Americans and people of color for most of our country’s history. Buying a home is tough right now. Bringing more diversity into the pool of homeownership builds stronger communities and is another solution in solving the current housing crisis in our state.”
When asked, “Is one of the elements that a person qualifying for this program would need to show that they were affected by a racially restrictive covenant, personally?” Taylor answered, “What do you mean affected? If the person was a resident in the state prior to 1968 they were affected because they were part of a racial class.”
“Washington state’s covenant homeownership program provides down payment and closing cost assistance for low income, first-time home buyers,” Democrat Gov. Bob Ferguson stated as he signed the bill into law. “Lawmakers create a program to address the disproportionate impacts of racial redlining in Washington state. House Bill 1696 modifies the program by adjusting the area median income threshold for program eligibility, introducing loan forgiveness and modifying the oversight committee membership. This modification will create more opportunities to close the racial home ownership gap, which is a very important goal for all of us here in Washington state. We so appreciate everybody who made this legislation possible. Like every legislation it’s challenging; this one has its share of challenges, as we know … I’m pleased to sign this legislation into law.”
Utah GOP Senator Mike Lee, a constitutional scholar, wrote on X, “The Fourteenth Amendment’s Equal Protection Clause prohibits this. It’s not even a close question. This is lawlessness.”
The Fourteenth Amendment’s Equal Protection Clause prohibits this
It’s not even a close question
This is lawlessness https://t.co/ykeX0RPICm
— Mike Lee (@BasedMikeLee) April 24, 2025
Notably, Lee’s post was reposted by Harmeet Dhillon, the Assistant Attorney General for Civil Rights.
