AB 1466 Restrictive Covenant Modification

Under current state law,  AB 1466 effective January 1, 2022, homeowners can request to modify property documents that contain unlawful discriminatory & restrictive covenant provisions. 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.

How to record a Restrictive Covenant Modification:

• 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 San Benito 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 the Government Code Section 12956.2 (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 Recorder’s 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).

View the San Benito County Restrictive Covenant Implementation Plan.

AB 721 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 restricts 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.

How to record an Affordable Housing Restrictive Covenant Modification:

• Complete a Restrictive Covenant Modification-Affordable Housing 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 a fee to record this document in San Benito 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(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).