Delete Discrimination: California AB1466

(Credit: Boise Regional Realtors®)

California’s AB-1466 finally provides a systemic solution to remove racist covenants, conditions, and restrictions from property deeds and it is on Governor Newsom’s desk! Even though these CC&Rs were found to be unconstitutional and unenforceable since 1948, the offensive language persists. Seeing such blatant bigotry in escrow documents is painful, particularly for people of color. While we cannot and should not forget the history of racial exclusion in housing, there is no purpose in keeping this language in people’s property deeds other than causing further harm. It is past time they were removed for good.

If you’re wondering about whether all of this is necessary, there are many examples of such covenants on social media local news that highlight exactly why. Here is just one example:

"We hear a lot about racially restrictive [covenants] and systemic racism, but have you ever seen an example of it? Well, here’s a snapshot of property CC&R’s from 1944. And it’s horrifying. “That no part of any said lots shall at any time be rented, leased, sub-leased or sub-let to, or to be occupied or used by any person of either Hindu, African, Japanese, Chinese, or Mongolian descent, but such property shall be restricted to persons of the Caucasian Race forever; but if persons not of the Caucasian Race be kept thereon by a Caucasian occupant, strictly in the capacity of servants or employees actually engaged in domestic service of the occupant, or in the care of the premises for the occupant, such circumstances shall not constitute a violation of this condition.”"

While there is a current remedy, it assumes owners will find the discriminatory language on their own and requires them to file a Restrictive Covenant Modification form with the county recorder. They must do this at their own time, effort, and expense. Instead, this bill takes a three-pronged approach:

1) It requires title companies, escrow companies, county recorders, real estate brokers, and real estate agents to notify a buyer, if any party is aware, of the existence of a restrictive covenant and their ability to have it removed, and requires the title company or escrow company involved to assist in the preparation and submission of a Restrictive Covenant Modification document;

2) It waives recording fees for such documents; and

3) It requires all county recorders throughout the state to establish a program to identify and redact unlawfully restrictive covenants and make regular reports on its progress to the Legislature.

We expect Governor Newsom to sign the legislation, but as history has shown, we cannot take racial justice issues for granted. Let him know Californians approve of this bill! You can register your support at this site. Complete your contact information and in the subject line, scroll down to AB1466. That will take you to a page where you can indicate that you are “Pro” (support the bill) and add a message if you wish.

Please join us in finally addressing this systemic injustice at an equally systemic level.

Take note and take care.



Art credit: Boise Regional Realtors® @ https://www.boirealtors.com/delete-discrimination/