Unlawfully Discriminatory Restrictive Covenant Modification Program
(Assembly Bill 1466, Chapter 359, Statutes of 2021)
Background
The California Fair Employment and Housing Act bans 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) indicates that any deed or recorded instrument with the restrictive language specified above can be redacted.
Based on this, the County of Santa Clara, Clerk Recorder’s Office has prepared an implementation plan to redact restrictive language covered in Assembly Bill 1466. You may access Santa Clara County's Implementation Plan here.
Who is affected?
Anyone who has a property they believe is subject to unlawfully restrictive covenant may submit a Restrictive Covenant Modification document cover page for recordation.
Neighborhood in Santa Clara County – Undated photo from the Photographer’s Collection at the Santa Clara County Archives.
How do you begin the modification process?
The easiest way to check to see if you have Covenants, Conditions, and Restrictions (CC & R's) on your property is to review the title report you received from the title company when you purchased your property. You should have received a title report as part of the seller’s disclosure packet. The title company that completed the title search likely provided you with a copy of the Covenants, Conditions, and Restrictions. If you cannot find a reference to CC & Rs mentioned in your title report, you may review the legal description for your property to locate a reference to a recorded map which may provide you with a recorded reference for CC & Rs.
If you believe your property is subject to unlawful language, refer to our Restrictive Covenant Modification Document request form for more information.
Once you complete the form, please contact the County of Santa Clara, Clerk-Recorder's Office Restrictive Covenant Modification Program (RECOMP) Division by phone at (408) 299-6099 or by e-mailing [email protected].
What is the cost?
There is no cost to the public for this request, recording, and copies for AB1466. For AB721, click here.