Restrictive Covenant Modification

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The California Fair Employment and Housing Act prohibits discrimination in housing based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information.

Government Code section 12956.2 (a) provides that any deed or other recorded instrument that contains unlawfully discriminatory language forbidding or restricting the right of any person to sell, buy, lease, rent, use or occupy the property on account of any of the characteristics specified above, may be revised to remove such unlawful language. A person who holds an ownership interest in property that believes the property is the subject of an unlawfully restrictive covenant may submit for recordation a Restrictive Covenant Modification document. If the existence of unlawfully restrictive language is confirmed by County Counsel, the modification document is recorded with the unlawful restrictive covenant redacted.

The recent passing of Assembly Bill 1466 (AB 1466) & Assembly Bill 721 (AB 721) aims to remove any discriminatory or restrictive covenant language on historical public records.

AB 1466 Restrictive Covenant Modification – Unlawful Restrictive Covenants

Under current state law, and pursuant to Assembly Bill 1466 (AB1466) effective January 1, 2022, anyone can request to modify property documents that contain unlawful discriminatory covenants. 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.

Pursuant to the requirements of AB 1466, the Assessor-Recorder developed an implementation plan outlining our strategy to identify records with discriminatory restrictions.

To record a Restrictive Covenant Modification, you must:

Complete a Restrictive Covenant Modification Form (RCM).
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.

AB 721 Restrictive Covenant Modification – Affordable Housing

Under state law, pursuant to AB 721 effective January 1, 2022, the owner of an affordable housing development can request to modify property documents that restrict the number or size of residences that may be built on a property or that restricts the number of persons that may reside on a property to the extent necessary to allow the affordable housing development to proceed as defined in Government Code 12956.2 and Civil Code 714.6.

To record a Restrictive Covenant Modification – Affordable Housing, you must:

Complete a Restrictive Covenant Modification – Affordable Housing Form (RMC); this must be signed in front of a notary public.
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.

Processing Restrictive Covenant Modification Documents

All submissions to remove discriminatory or restrictive covenant language will be reviewed by Kern County Counsel to determine if the language in the original document contains an unlawful restriction. If it is determined that the document contains an unlawful restriction, then Kern County Counsel will sign the form and return it to our office to complete the recording and indexing process.

The original recorded document will be returned to the submitting party listed on the top left corner of the Restrictive Covenant Modification form.

No payment required as these documents are free to record.

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