Restrictive Covenant Modifications

About the Program

Category: Community and Economic Development (Best in Category)

Year: 2023

The use of discriminatory restrictions in real estate documents was common throughout the United States in the 1920s 1930s, and 1940s. Although the practice of real estate redlining has been illegal for more than 50 years, many discriminatory restrictions based on race, nationality and religion are still found in recorded documents from many years ago. New buyers are often shocked to see them listed in their title reports. California Assembly Bill 1466, effective July 1, 2022, addresses the now illegal language found in the restrictions. The legislation requires county recorders to take a proactive approach by locating documents in their archives that contain discriminatory restrictions. Recorders are also required to record modifications that clarify these restrictions have been void since their creation. Marin County (CA) has taken the process a step farther and used the new legislation as an opportunity to share information with constituents about the widespread use of restrictive covenants. With much collaboration from Marin County Board of Supervisors’ staff members, the County’s Social Equity Programs and Policy Coordinator, Marin’s Community Development Agency, the County’s Office of Equity, the Public Information Team, and some property owners have been effective communicators about the project.