Restrictive Covenant Modification (AB1466, AB721)
AB1466 Restrictive Covenant Modification
Unlawful Restrictive Covenants
Under current state law, and pursuant to 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 AB1466, the Assessor-County Clerk-Recorder developed an implementation plan outlining our strategy to identify records with discriminatory restrictions.
To report a document containing restrictive covenant language, click here and select the “Restrictive Covenant Program” category. Complete the necessary fields to provide the document number or other identifying information. Our staff will review the information and submit the document for processing through our application.
A restrictive covenant imposes a restriction on the use of land so that its value and enjoyment as well as that of the adjoining land will be preserved. An unlawful restrictive covenant is a provision in a conveyance that limits the sale, rental, and financing of real property based on race, religion, national origin, sex, disability, familial status, age, color, gender, gender identity, gender expression, sexual orientation, marital status, veteran or military status, genetic information, national origin, and source of income.
In 1948, the U.S. Supreme Court held that racially restrictive covenants could not be enforced but their inclusion in real property documents remained common. Pursuant to AB 1466, Riverside County has established a restrictive covenant program to assist in the redaction of unlawfully restrictive covenants. With over 28 million documents in our repository, it is the goal of Riverside County to complete the review of our records, both current and historical, by 2026 using the most efficient and effective technology available. The Recorder will approach the task of identifying and redacting discriminatory restrictive covenants using Optical Character Recognition (OCR) software and a proof-of-concept application called CovenantGuard provided by First American Title Company. Please click here to view the Restrictive Covenant Modification Program Implementation Plan.
To Record a Restrictive Covenant Modification, you must:
- Complete a Restrictive Covenant Modification Form
- 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. There is no fee to record this document in Riverside County.
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 Government Code Section 12956.2 subdivision (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 County Recorder 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).
Resource Links
AB721 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; 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. There is a fee to record this document in Riverside County.
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 Government Code Section 12956.2 subdivision (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 County Recorder 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).