Summary
Although discriminatory covenants have been legally unenforceable since U.S. Supreme Court Case Shelley v. Kraemer (1948) and illegal since the Fair Housing Act was passed in 1968, they can still be found in recorded documents from decades ago.
Beginning July 1, 2022, AB1466 (McCarty) authorizes and requires California Recorders, title insurance companies, escrow companies, real estate brokers, and real estate agents, to record modification documents redacting now-illegal restrictions. Prior to recording, each Restrictive Covenant Modification, which must include a full copy of the document being modified, must be reviewed and approved by the Marin County Counsel’s Office.
The Marin County Recorder’s Office is taking a proactive approach to locating and reviewing recorded CC & Rs (Covenants, Conditions, and Restrictions) for each subdivision in Marin County and recording modifications for those that contain discriminatory language.
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Related
- Restrictive Covenant Project This initiative sheds light on the historical significance of governmental policies and programs intentionally designed to discriminate, which consequently led to the creation of segregated communities within Marin. The project takes a comprehensive appro
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Restrictive covenant modifications
The Recorder's proactive approach to modifying discriminatory covenants in recordered documents. This page discusses the Restrictive Covenants in Marin County.