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File #: 24-611    Name: Restrictive Covenants Education Project Update & Equity Timeline
Type: General Agenda Item Status: Received
File created: 8/30/2024 In control: Board of Supervisors
On agenda: 9/17/2024 Final action:
Title: a. Receive an update on the status of the County's compliance with Assembly Bill 1466 regarding discriminatory restrictive covenants, the County's restrictive covenants education project, and the County's equity timeline; and b. Provide direction to staff.
Attachments: 1. Board Report, 2. Attachment A – Restrictive Covenant Educational Social Media Poster, 3. Item No. 12 Powerpoint, 4. Completed Board Order Item No. 12, 5. REVISED Board Order Item No. 12
Title
a. Receive an update on the status of the County's compliance with Assembly Bill 1466 regarding discriminatory restrictive covenants, the County's restrictive covenants education project, and the County's equity timeline; and
b. Provide direction to staff.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Receive an update on the status of the County's compliance with Assembly Bill 1466 regarding discriminatory restrictive covenants, the County's restrictive covenants education project, and the County's equity timeline; and
b. Provide direction to staff.

SUMMARY:
Existing law, the California Fair Employment and Housing Act, prohibits discrimination in housing 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, and provides that discrimination in housing through a restrictive covenant includes the existence of a restrictive covenant, regardless of whether accompanied by a statement that the covenant is repealed or void. Existing law also provides that a provision in any deed of real property in California that purports to restrict the right of any person to sell, lease, rent, use, or occupy the property to persons having the characteristics specified above by providing for payment of a penalty, forfeiture, reverter, or otherwise, is void, except as specified.

Among other things, Assembly Bill 1466 added into law procedures for addressing and removing restrictive covenants from deeds. The law states that "the county recorder of each county shall establish a restrictive covenant program to assist in the redaction of unlawfully restrictive covenants...". The County's Clerk Recorder's Office (Recorder), together with Housing & Community Development Department (HCD), have prepared a plan to address restricted covenants in accordance with state l...

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