Why Black Homeowners are More Likely to be Caribbean American than African American in New York: A Theory of How Early West Indian Migrants Broke Racial Cartels in Housing

Abstract

Why are the black brownstone owners in Harlem and Brooklyn disproportionately West Indian? The landlords, West Indian-American? The tenants African-American? These are tough questions. For students of housing discrimination, West Indian Americans have long presented a quandary. If it is reasonable to assume that racial exclusions are being consistently applied to persons who are dark-skinned, one would expect to find that housing discrimination has had similar effects on West IndianAmericans and African-Americans. Yet this is not the case: West IndianAmericans generally own and rent higher quality housing than AfricanAmericans. Moreover, these advantages began long ago. For example, when racial covenants, that is, restrictions barring racial and ethnic groups from owning real property in particular neighborhoods were rife in New York, they were not consistently applied against West Indians, who were sometimes able to * Eleanor Marie Lawrence Brown, GWIPP Fellow (2013) and Associate Professor of Law (with tenure), George Washington University Law School; J.D., Yale Law School (1999); M.Phil. Politics, Oxford (1997) (Rhodes Scholar). Former Schwartz Fellow, New America Foundation; Former Chairman of the Jamaica Trade Board; Former Reginald Lewis Fellow, Harvard Law School; Former Law Clerk to the Honorable Patricia Wald (ret.), U.S. Court of Appeals for the District of Columbia Circuit; Former Law Clerk to the Honorable Keith Ellison, U.S. District Court for the Southern District of Texas. I have benefited from the Property colloquium at George Mason Law School. Comments received at the Lutie Lytle Conference for Black Female Legal Scholars were particularly helpful. I have also benefited from conversations with or comments from Kendall Thomas, Olati Johnson, Dorothy Roberts, Bernadette Atuahene, Lee Fennell, Guido Calabresi, Frank Upham, Sonya Katyal, Dan Kelly, Paul Butler, Marcella David, Dan Sharfstein, Paulette Caldwell, Mary Dudziak, Nestor Davidson, Ruth Okediji, Jill Hasday, Scott Kieff, Hari Osofsky, Dan Sokol, Camille Gear, Karen Brown, Kevin Johnson, Charles Ogletree, Ken Mack, Steve Legomsky, Beverly Moran, Jim Coleman, Nicole Garnett, Kimani Paul-Emile, Brad Snyder, Devon Carbado, Aubrey Bonnett, Calvin Holder, Eduardo Penalver, Joe Singer, Henry Smith, Richard Brooks, David Martin, Peter Henry, Angela Banks, Angela OnwuachiWillig, Tomiko Brown-Nagin, Audrey McFarlane, Lant Pritchett, Dillon Alleyne, Neville Lewis, Tony Harriott, Richard Bernal, Eric Posner, Sylvia Lazos, Alison Tirres, Deep Gulasekaram, Naomi Cahn, David Fontana, Carol Rose, Robert Ellickson, Claire Priest, Rose Villazor, Wendy Greene, Ernesto Hernandez-Lopez, Renee Lerner, Jackie Ross, Maximo Langer, Kim Lane Scheppele, Eric Claeys, Jerry Davila, Daniel Hamilton, and Bob Cottrol. I am grateful to the librarians and/or archivists at the University of the West Indies. Finally, I am grateful for the aid of my research assistants, Jared Stipelman, Shanellah Verna and Jenna Brofsky.