Under current state law, AB 1466 effective January 1, 2022, homeowners can request to modify property documents that contain unlawful discriminatory & restrictive covenant provisions. Government Code Section 12956.2 allows anyone who believes the property is the subject of an unlawfully restrictive covenant to record a Restrictive Covenant Modification document to have the illegal language redacted. Unlawful restrictions include those restrictions based on age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, national origin, source of income as defined in Government Code Section 12955 subdivision (p), ancestry, or genetic information.
How to record a Restrictive Covenant Modification:
Attach a copy of the original document containing the unlawful restrictive language with the unlawful language Redacted.
Submit the completed document to the County Recorder.
Upon receipt, the Recorder’s office will submit the document to County Counsel who will determine whether the original document contains any unlawful restrictions, as defined in the Government Code Section 12956.2 (b). Only those determined to be in violation of the law will be recorded and those that are not will be returned to the submitter unrecorded.
Please note that the Recorder’s is not liable for modification not authorized by law. This is the sole responsibility of the holder of ownership interest who caused the modified recordation per Government Code Section 12956.2 subdivision (f).