Restrictive Covenant Modifications

Removal of Unlawful Restrictive Covenants from Recorded Real Property Documents

Restrictive Covenant Modification (RCM) per AB 1466 – Unlawful Restrictive Language

Under current state law, including AB 1466 effective January 1, 2022, homeowners can request to modify property documents that contain unlawful discriminatory covenants. Effective July 1, 2022, 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, ancestry, genetic information, or source of income as defined in Government Code Section 12955.

To Record a Restrictive Covenant Modification per AB 1466:

• Complete a Restrictive Covenant Modification Form
• Attach a copy of the original document containing the unlawful restrictive language with the unlawful language Redacted, so it is not visible.
• Submit the completed document to the County Recorder. There is no fee to record this document in Monterey County. Copy and certification fees will apply if requested.

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 be advised this process can take up to 90-days.

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(h).

Restrictive Covenant Modification Program - Implementation Plan - July 1, 2022

Restrictive Covenant Modification (RCM) per AB 721 – Affordable Housing Development Restrictive Language

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

To Record a Restrictive Covenant Modification per AB 721:

• Complete a Restrictive Covenant Modification-Affordable Housing Development 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, so it is not visible.
• Submit the completed document to the County Recorder. There is a fee to record this document in Monterey County. Copy and certification fees also apply when requested.

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 this process can take up to 15 days.

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 (h).