Also known as covenants, they’d existed for decades, typically as an agreement between a developer and buyer on a single lot, proving unpopular to Americans who didn’t want to be controlled on their own property. But Nichols sensed he could foster long-term stability, which would be profitable for him and for homeowners. He initiated restrictions on entire neighborhoods, placing them on the land before any lots were sold—a private zoning system before municipal zoning was widespread. He’s credited as the first developer to emphasize the covenants for middle-class areas and to make them self-renew after periods of 25 to 40 years unless a majority of residents objected, ensuring they’d essentially last forever. For enforcement, he set up homeowners associations.
Nichols’ restrictions started with a few sentences on neighborhood plat documents and eventually ran for a few pages. They set minimum prices for home construction, mandated single-family housing and banned apartments, required a specified amount of space on the fronts and sides of homes, and regulated routine housing elements like chimneys, trellises, windows, vestibules, and porches.
There were also racial restrictions that barred Black residents from owning or renting homes. An early billboard for Nichols’ Country Club District development described the area as “1,000 Acres Restricted.” Newspaper ads claimed that Nichols’ neighborhoods blocked “all undesirable encroachments” and promised that “complete uniformity is here assured.”…
Nobody had seen a swath of suburbia as vast his neighborhoods, which comprised the Country Club District: By the 1940s there were more than a dozen contiguous upper-class and middle-class subdivisions filled with bubbling fountains, tree-lined vistas, and cul-de-sacs, providing homes for as many as 50,000 people across two states. Many subdivisions were buffered by parks and golf courses, and they were all tied together with restrictive covenants. It was the “American’s domestic ideal,” opined a visitor from the New Republic.
Nichols wasn’t the only builder applying covenants. Their use accelerated after 1910, imposing segregation and strict land-development rules across the country. But he was their most prominent proselytizer, promoting their spread through speeches and articles and in leadership roles with national real estate organizations. Nichols’ covenants in Sunset Hill and Mission Hills, two of his poshest neighborhoods, were said by his company to have been copied in more than 50 cities.
Developers, officials, residents, and others developed and put into practice a number of measures to keep people out of white suburban subdivisions. Today, these measures tend to be more economic and zoning-based with fewer explicit references to race and ethnicity. But, as noted above, the outcomes are clear: the suburbs were segregated by race and ethnicity.
Legally Sociable 