Background
The California Fair Employment and Housing Act bans discrimination. Government Code section 12956.2(a) indicates that any deed or recorded instrument with discriminatory language can be redacted.
Restrictive Covenant Modification Program
The Santa Clara County Clerk-Recorder’s Office has a Restrictive Covenant Modification program that is responsible for:
- Locating documents with potential unlawful language;
- Initiating the process for redaction;
- Reviewing the actual document to identify the unlawful language;
- Preparing the document for redaction;
- Presenting to County Counsel for review and approval of redaction the recordation of the redacted restrictive covenant modification document.
Submissions of redacted restrictive covenants modifications may also be submitted to the County from the public. Any person who holds an ownership interest in the property and believes the property is the subject of an unlawfully restrictive covenant may submit a Restrictive Covenant Modification document for recordation.
You may check to see if there are Covenants, Conditions, and Restrictions (CC&Rs) on your property by reviewing the title report you received from the title company when you purchased your property.
If you believe your property is subject to unlawful language, please visit the Santa Clara County Unlawfully Discriminatory Restrictive Covenant Modification Program webpage to learn more and submit a Restrictive Covenant Modification Document request form.
More Information
You may contact the Santa Clara County Clerk-Recorder’s Office online or by phone at (408) 299-5688.