Clerk-Recorder

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

Pursuant to Government Code Section 12956.2, a person who holds or is acquiring an ownership interest of record in property that the person believes is the subject of an unlawfully restrictive covenant in violation of subdivision (l) of Government Code Section 12955 may record a document titled Restrictive Covenant Modification.

A title company, escrow company, county recorder, real estate broker, real estate agent, or other person also may record the modification document provided for in this section. Unlawful restrictions include those restrictions based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information of that person.

To record a Restrictive Covenant Modification per AB 1466:

• Obtain a complete copy of the original document containing the unlawfully restrictive language from the County
• Clerk-Recorder’s Official Public Records. Locate and redact only the unlawfully restrictive language. No other modifications are lawfully permitted.
• Complete and print the Restrictive Covenant Modification form.
• Submit the completed Restrictive Covenant Modification form and the original document (with unlawful restrictive covenants redacted) to the County Clerk-Recorder’s Office. No fee is required to record this document in Alameda County. Copy and certification fees will apply, if requested.

Upon receipt, the County Clerk-Recorder’s Office will forward the Restrictive Covenant Modification form and related documents to the Office of the County Counsel who shall determine whether the original document contains any unlawful restrictions and whether all redactions are lawfully authorized, as defined in Government Code Section 12956.2 subdivision (b). The Office of the County Counsel will review and return the documents to the County Clerk-Recorder’s Office along with its determination. Please be advised this process can take up to 90 days.

If approved, a Deputy County Counsel will sign the Restrictive Covenant Modification, and the County Clerk-Recorder’s Office will record it. Once the Restrictive Covenant Modification is recorded, imaged, and indexed, the original recorded document will be returned to the submitter by mail.

If the Office of the County Counsel finds that the original document does not contain an unlawful restriction, or contains unauthorized modifications, then the County Clerk-Recorder’s Office will not record it and return the Restrictive Covenant Modification to the submitter unrecorded.

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:

• Obtain a complete copy of the original document containing the unlawfully restrictive language from the County Clerk-Recorder’s Official Public Records. Locate and redact only the unlawfully restrictive language. No other modifications are lawfully permitted.
• Complete and print the Restrictive Covenant Modification – Affordable Housing Development form.
• Submit the completed Restrictive Covenant Modification- Affordable Housing Development form and the original document (with unlawful restrictive covenants redacted) to the County Clerk-Recorder’s Office. There is a fee to record this document in Alameda County. See fee schedule. Payment must be made prior to document recording. Copy and certification fees will also apply, if requested.

Upon receipt, the County Clerk-Recorder’s Office will forward the Restrictive Covenant Modification form and related documents to the Office of the County Counsel who shall determine whether the original document contains any unlawful restrictions and whether all redactions are lawfully authorized, as defined in Government Code Section 12956.2 subdivision (b). The Office of the County Counsel will review and return the documents to the County Clerk-Recorder’s Office along with its determination. Please be advised this process can take up to 15 days.

If approved, a Deputy County Counsel will sign the Restrictive Covenant Modification, and the County Clerk-Recorder’s Office will record it. Payment must be made prior to document recording. Once the Restrictive Covenant Modification is recorded, imaged, and indexed, the original recorded document will be returned to the submitter by mail.

If the Office of the County Counsel finds that the original document does not contain an unlawful restriction, or contains unauthorized modifications, then the County Clerk-Recorder’s Office will not record it and return the Restrictive Covenant Modification to the submitter unrecorded.