Restrictive covenant modifications

Although discriminatory covenants have been legally unenforceable since the U.S. Supreme Court ruling in Shelley v. Kraemer (1948) and became illegal under the Fair Housing Act of 1968, they can still be found in older recorded documents. These restrictions once prevented people from buying, renting, or living in certain properties.

Starting July 1, 2022, Assembly Bill 1466 (McCarty) requires California Recorders, and others, to prepare and record modifications for documents that include discriminatory restrictions based on:

• age
• race
• color
• religion
• sex
• gender
• gender identity
• gender expression
• sexual orientation
• familial status
• marital status
• disability
• veteran or military status
• genetic information
• national origin
• source of income as defined in Section 12955 of the Government Code
• ancestry

What the modification does:

• Clarifies that the discriminatory restriction is legally void.
• Includes a fully redacted copy of the original restriction.
• Leaves the original document unchanged, but adds a modification into the permanent public record.

The Marin County Recorder’s Office has reviewed thousands of recorded Covenants, Conditions, and Restrictions (CC&Rs) and other property documents, such as deeds, to locate discriminatory language.

When such language is found, Recorder’s Office staff:

• Prepare a Restrictive Covenant Modification coversheet;
• Print a copy of the previously recorded document and redact such language;
• Send a Restrictive Covenant Modification to be reviewed and approved by the Marin County Counsel’s Office;
• Record the Restrictive Covenant Modification.

No additional fee:
Although AB 1466 allows county recorders to charge an extra $2 recording fee, the Marin County Recorder’s Office is not collecting this additional fee at this time.

To learn more about protections against housing discrimination, visit the Marin County Fair Housing website.

To see how the County of Marin is working to address racially restrictive covenants, watch this short video produced by the Marin County Public Information Team

You can read more about our process on the Restrictive Covenant Identification and Redaction Plan page.

To track our progress, visit the Restrictive Covenants Time Progression page, which includes interactive, time-lapse maps with restriction and modification updates. The interactive maps are updated regularly.

The easiest way to find out which Covenants, Conditions, and Restrictions (CC&Rs) apply to your property is to review the title report you received when you bought your home.

If your title report mentions recorded CC&Rs but didn’t include a copy:

• You can view the recorded document in person at the Marin County Recorder’s Office.
• You may purchase a copy while you're in the office or online.

If there’s no clear reference to the CC&Rs in your title report:

• Check the legal description on your deed. It may reference a recorded map or subdivision name.
• If your property is part of a subdivision with CC&Rs, the Recorder’s Office may have already located the applicable restrictions.

You may prepare a Restrictive Covenant Modification. Here’s what to include:

• A Restrictive Covenant Modification coversheet;
• A complete a copy of the previously recorded document with the illegal language unredacted;
• An additional copy of the page with the illegal language redacted.

The Recorder's Office will send the modification to be reviewed and approved by the Marin County Counsel’s Office. The modification will then be recorded at no fee.

The Marin County Recorder’s Office has already reviewed many recorded restrictions and may have identified those affecting your neighborhood.

Please contact the Marin County Recorder's Office if you have questions about:

• Recording a Restrictive Covenant Modification;
• The status of a specific subdivision;
• Marin County's progress under AB 1466.