Restrictive Covenant Modification

State law authorizes 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 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.  The modification document shall include a complete copy of the original document containing the unlawfully restrictive language with the unlawfully restrictive covenant language redacted.  Government Code §12956.2

 

Effective July 1, 2022, pursuant to Government Code Section 12956.3​, the Sacramento County Recorder’s office shall establish a restrictive covenant program to assist in the redaction of unlawfully restrictive covenants in violation of subdivision (l) of Section 12955. The Restrictive Covenant Implementation Plan is available on our website and is available within each of our offices. The implementation plan consists of the following elements:

  • Outline how the Recorder will carry out the identification and redaction of unlawfully restrictive covenants
  • Provide timelines for when elements of the plan will be accomplished
  • Provide how the Recorder plans to track and maintain a record of homes with unlawfully restrictive covenants once they have been identified 

​​​View the implementation plan here 

View the process and form here​

 

​Getting Your CC&Rs

Typically, you receive a copy of your property's Covenants, Conditions, and Restrictions (CC&Rs) from a title company when you purchase your home. If you recently purchased a home and did not receive a copy of your CC&Rs, contact your title company for assistance.

You can also obtain a copy of your CC&Rs by visiting one of our office locations or sending us a copy order​. ​If you have questions or need further assistance, call our office at (916) 874-6334. 

 

How To Proceed

If your CC&Rs contain racially or otherwise unlawfully restrictive covenants, our office will work with you to prepare and record a Restrictive Covenant Modification. For assistance, call (916) 874-8884. If leaving a voice message, please provide the information below which will allow us to begin preparing the necessary paperwork. You will be contacted in a timely manner to confirm that your request has been received.

  • Your first and last name (with correct spelling)
  • Your phone number
  • Your property address and subdivision name
  • The year you purchased the property
  • If available, the recording book and page or document number to the CC&R document that contains the unlawfully restrictive covenant(s)