Jordan Z. Marks

ASSESSOR | RECORDER | COUNTY CLERK

County of San Diego

Restrictive Covenant Modification (AB1466, AB721)

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/Recorder/County Clerk’s Office developed an implementation plan outlining our strategy to identify records with discriminatory restrictions. This plan is available for review in any office location.

To record a Restrictive Covenant Modification - Unlawfully Restrictive Covenant document redacting restrictive covenant language:

  • Complete the Restrictive Covenant Modification form. This must be signed by the owner, or a party who has an ownership interest in the property or is acquiring an ownership interest in the property. This can also be submitted by a title company, escrow company, real estate broker, real estate agent, or other person.

  • Attach a copy of the original document containing the unlawfully restrictive language with the unlawful language Redacted.

  • Submit the completed document to the County Recorder. There is no fee to record this document in San Diego County.

Upon receipt, the Recorder's office will review and 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. Those that are deteremined not to be in violation of the law 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).

 

Under state law, pursuant to AB721 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 by the owner of an affordable housing development and acknowledged by a notary public.

  • Attach a copy of the original document containing the unlawfully restrictive language with the unlawful language Redacted.

  • Submit the completed document to the County Recorder. There is a fee to record this document in San Diego County.

Upon receipt, the Recorder's office will review and submit the document to County Counsel who will determine whether the original document contains any unlawful restrictions, as defined in Civil Code 714.6, subdivision (a). Only those determined to be in violation of the law will be recorded. Those that are deteremined to not be in violation of the law 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).