AB1466 Frequently Asked Questions
Government Code section 12956.2(a) 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 above, may be revised to remove such unlawful language.
Anyone who holds an ownership interest in property that believes the property is the subject of an unlawfully restrictive covenant may submit for recordation a Restrictive Covenant Modification document.
We determined that our office has approximately 24 million documents in our records. Our goal is to complete the review of our existing 24 million records at a rate of 4 million documents per year, ending by December 2027.
No, please do not submit your original document to the Clerk-Recorder’s Office. Instead, customers may request a certified copy at no charge to initiate a modification.
Contact the Clerk-Recorder’s Office by phone at (408) 299-5688 or Email: [email protected].
The Clerk-Recorder’s Office has a Restrictive Covenant Modification Program (RECOMP) Division that will be responsible to assist the public who brought a document with the process of redacting the unlawful language. This division will also be responsible for:
- Locating documents with potential unlawful language,
- Reviewing the document to identify the unlawful language,
- Preparing the document for redaction,
- Presenting to County Counsel for review and approval of redaction, and
- The recording and indexing of the redacted document.
There is no cost to the public for this request, recording, and copies.
The easiest way 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 your title report, mentions CC and R’s and you cannot locate it, you may view the recorded document at the Clerk-Recorder’s Office at 110 West Tasman Drive during business hours from 8 am to 4.30 pm, Monday to Friday. You may obtain a copy of the restrictions while you are there. 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.