Restrictive Covenant Modification Program (AB 1466)

The Restrictive Covenant Modification program is pursuant to AB 1466, Chapter 359, Statutes of 2021, which 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 in the California Fair Employment and Housing Act, may be revised to remove such unlawful language.

Any person who holds an ownership interest in the property and believes the property is the subject of an unlawfully restrictive covenant may submit a Restrictive Covenant Modification document for recordation.

For additional information on the Unlawfully Discriminatory Restrictive Covenant Modification Program (Assembly Bill 1466, Chapter 359, Statutes of 2021) (click here)
 

Affordable Housing Development Restrictive (AB 721)

The Affordable Housing Development Restrictive Covenant Modification Program is pursuant to AB 721, Chapter 349, Statutes of 2021, effective January 1, 2022; the owner of an affordable housing development may request to modify property documents containing restrictions on the number or size of residences that may be built or the number of persons that may reside on such property to the extent necessary to allow the affordable housing development to proceed.

Any person who owns an affordable housing development that is subject to a restrictive covenant that unlawfully restricts (i) the number, size, or location of residences that may be built on the property or (ii) the number of persons or families who may reside on the property may, subject to the terms of Civil Code section 714.6, record an Affordable Housing Development Restrictive Covenant Modification to redact and render those unlawful restrictive covenants unenforceable against the owner of the affordable housing development.

For additional information on the Affordable Housing Development Restrictive Covenant Modification Program (Assembly Bill 721, Chapter 349, Statutes of 2021) (click here)