Restrictive covenants, remnants of discriminatory housing practices, are illegal under California law. Understanding how these covenants are addressed is crucial for ensuring fair housing opportunities for everyone in California, reflecting a commitment to family rights and equitable communities. While not directly linked to the specifics of the California Family Rights Act Enacted for workplace protections, the principles of non-discrimination and equal opportunity are fundamentally aligned. This article delves into the legal framework in California designed to identify and eliminate these discriminatory clauses from property deeds.
What are Restrictive Covenants and Why are They Prohibited?
California’s Fair Employment and Housing Act (FEHA) unequivocally prohibits restrictive covenants that discriminate based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, or ancestry. These covenants, historically used to exclude certain groups from neighborhoods, directly contradict the principles of fair housing. Imagine a family seeking to move into a new home, only to discover their property deed contains language limiting residency based on their ethnicity – this is precisely the type of discrimination FEHA aims to eradicate.
To combat this issue proactively, California law mandates that county recorders, title insurance companies, escrow companies, real estate brokers, agents, and associations include a cover page or stamp on any document containing a restrictive covenant. This notice, in bold 14-point type, clearly states that the restrictive covenant violates state and federal fair housing laws and is legally void. This measure ensures transparency and immediately informs anyone reviewing property documents of the invalidity of such clauses.
Removing Illegal Restrictive Covenants: The Modification Process
California law provides a clear pathway for homeowners to actively remove illegal restrictive covenants from their property records. Since 2006, the responsibility for this program rests with local county recorders. If a homeowner believes their property is subject to an illegal restrictive covenant, they can initiate a Restrictive Covenant Modification.
Initiating a Restrictive Covenant Modification
To begin the modification process, a homeowner with a recorded ownership interest must prepare a document titled “Restrictive Covenant Modification.” This document should include a complete copy of the original document containing the discriminatory language, with the unlawful restrictive language clearly marked as stricken. This ensures a clear record of the original language and the proposed modification.
The prepared modification document is then submitted to the county recorder in the county where the property is located. Crucially, before recording, the modification document undergoes review and approval by the county counsel. Upon approval, the county recorder officially records the modification, effectively removing the illegal restrictive covenant from the property’s legal record, as outlined in Government Code section 12956.2, subdivisions (a) and (b). This streamlined process empowers homeowners to take direct action in ensuring their property records are free from discriminatory language.
Common Interest Developments: A Streamlined Approach
For properties within common interest developments, such as condominiums or planned communities, the process for removing restrictive covenants is even more streamlined. Civil Code section 1352.5 places the responsibility directly on the homeowners association (HOA) board of directors. Without needing owner approval, the HOA board is legally obligated to remove any unlawful restrictive covenants from the development’s governing documents. They must then restate the declaration or governing document, removing the discriminatory language while making no other changes. Importantly, HOAs are not required to seek approval from the county recorder for these modifications, simplifying the process and empowering these communities to self-correct discriminatory legacies within their governing documents.
Senior Housing and Familial Status: Clarifying Legal Restrictions
The law also clarifies the status of senior citizen housing. Legitimate age restrictions in senior housing or housing for older persons, as permitted under state and federal law, are explicitly not considered discriminatory restrictions based on familial status. This distinction is important to ensure that lawful senior housing communities can continue to operate while upholding fair housing principles in all other contexts.
Ongoing Disclosure Requirements
Even with these mechanisms for removal and modification, California law maintains proactive disclosure requirements. County recorders, title companies, escrow companies, and real estate professionals are still obligated to include the cover page or stamp on previously recorded documents when provided to any person. This ongoing requirement ensures that the issue of restrictive covenants remains visible and that individuals are continuously informed about the illegality and unenforceability of such clauses.
By understanding these regulations and procedures, property owners and those involved in real estate transactions can contribute to a more equitable housing landscape in California. While the California Family Rights Act enacted primarily addresses workplace rights, the spirit of non-discrimination and equal opportunity extends to housing, and these legal mechanisms against restrictive covenants are a vital part of upholding those fundamental principles for all families in California.
