Under current state law, and pursuant to AB1466 effective January 1, 2022, anyone can request to modify property documents that contain unlawful discriminatory covenants. 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 Remove Restrictive Covenant Language on a Recorded Document

  • Highlight or underline the unlawful language on the recorded document
  • Complete the Restrictive Covenant Modification Form
  • Submit the Restrictive Covenant Modification Form and the recorded document, either by mail or in person to:

Santa Cruz County Recorder
701 Ocean Street Room 230,
Santa Cruz CA 95060

PROCESSING

All submissions to remove discriminatory or restrictive covenant language will be reviewed by Santa Cruz County Counsel to determine if the language in the original document contains an unlawful restriction. If it is determined that the document contains an unlawful restriction then Santa Cruz County Counsel will sign the form and return it to our office to complete the recording and indexing process.

The original recorded document will be returned to the submitting party listed on the top left corner of the Restrictive Covenant Modification form.

No payment required as these documents are free to record.

Santa Cruz County Restrictive Covenant Modification Plan

Our office will implement a comprehensive search and review of every document recorded in Santa Cruz County from 1850 to the present.  Historical recorded documents that contain unlawful discriminatory or restrictive covenant language will be redacted and re-recorded. The full scope of the implementation can be viewed and downloaded: AB 1466 Plan.