A restrictive covenant modification in California is how an owner removes unlawful discriminatory language from the recorded documents that govern a property. Mid-century tracts such as Palo Alto's Eichler neighborhoods can have recorded covenants, conditions and restrictions (CC&Rs). Separately, some older recorded documents contain restrictions that state law declares void. The original record isn't changed, but an owner can record a modification that strikes the unlawful wording.
This guide covers how to find the recorded documents for your lot, what Government Code section 12956.2 and the related Civil Code sections say, and how the process works in San Mateo, Alameda and Santa Clara counties, based on official state and county pages we read on November 6, 2026. Procedures and review times change, so confirm with your county recorder before you file.
Why old tract documents still matter
CC&Rs are private rules recorded against the lots in a tract. On some mid-century tracts they also cover building matters, such as one-story limits and design review, and the law treats those differently from discriminatory language. Lawful restrictions can stay in force. Alameda County's instructions for a modification say to redact only the unlawfully restrictive language and that "no other modifications are lawfully permitted."
Palo Alto's 2018 Eichler design guidelines, for example, say a few neighborhoods there have architectural control committees that use their CC&Rs to guide review, and that the city's planning department doesn't enforce them. Our Charleston Meadow history and single-story overlay guide cover those committees and one-story CC&Rs.
What California law says, as of November 2026
The Civil Rights Department's page on housing laws says the Fair Employment and Housing Act expressly prohibits a restrictive covenant that makes housing opportunities unavailable, and that enforcement responsibility for these modifications moved to county recorders. It directs owners to their county recorder. The statutes add the details:
Civil Code sections 782 and 782.5 say a deed provision that restricts sale, lease, use or occupancy based on a characteristic listed in Government Code section 12955 is void, and that a deed or its CC&Rs with such a provision are deemed revised to omit it. Both sections keep an exception for qualifying senior housing.
Government Code section 12956.2(a) lets a person who holds or is acquiring an ownership interest of record record a document titled Restrictive Covenant Modification. Title companies, escrow companies, brokers, agents, the county recorder and others may also record one. It must include a complete copy of the original with the unlawful language redacted. Since July 1, 2022, a title company, escrow company, broker or agent with actual knowledge of a possible unlawful covenant in a document it delivers must tell the person about it and about the modification process, and a title or escrow company must help prepare a modification if asked before escrow closes.
Section 12956.2(b) has the recorder send the modification and the original to county counsel, who decides within a reasonable time, not to exceed three months unless extraordinary circumstances apply, whether the original contains an unlawful restriction. The recorder refuses to record if county counsel finds none, or finds changes the section doesn't allow.
Section 12956.2(e) says that once recorded, the restrictions in the modification are the only ones in effect on the property, subject to CC&Rs recorded after the original, with the same effective date as the original.
The department's model cover page, which its page says conforms to Government Code section 12956.1(b)(1), says county recorders, title and escrow companies, brokers, agents and associations that provide a copy of a declaration, governing document or deed must attach a cover page or stamp in at least 14-point boldface type. It states that a restriction based on a protected characteristic violates state and federal fair housing laws, is void, and may be removed under section 12956.2.
AB 1466 (Stats. 2021, ch. 359), in effect since January 1, 2022, revised the removal procedures. The department's 2021 legislative summary says it requires title and escrow companies, brokers, agents and associations to give a person acquiring or holding a property the Restrictive Covenant Modification form, exempts the filing from recording fees, and requires each county to set up a restrictive covenant program. It added Government Code section 12956.3.
Step 1: Find the recorded documents for your lot
Start with the preliminary title report or title policy from your purchase. Santa Clara and San Mateo counties both point owners to that report for CC&Rs, and if it doesn't list any, both say to check the property's legal description for a reference to a recorded map.
Next, get a full copy of each recorded document. Alameda County says to obtain a complete copy of the original from its official public records. San Mateo County lets owners view recorded documents at its office at 555 County Center, 1st Floor, in Redwood City, or order copies by email. Read every page, not only the first, so you can mark exactly which wording to strike.
Step 2: Prepare and record a Restrictive Covenant Modification
Each county uses its own form, and the steps differ in the details.
San Mateo County
Owners with an ownership interest in the affected property have the right to record a modification, the county says. Attach a full copy of the restrictions with the unlawful wording struck out, and sign the form in front of a notary public. The Clerk-Recorder Division refers it to County Counsel for approval. An approved modification is recorded for no fee, indexed as "Restrictive Covenant Modification," and returned to the owner within a few weeks. The county tracks proposals that aren't approved and says its staff can't give legal advice or help prepare documents.
Alameda County
Alameda County's covenant modification page follows section 12956.2 on who may record. The steps:
Obtain a complete copy of the original document from the official public records.
Locate and redact only the unlawfully restrictive language.
Complete the county's form.
Submit the form with the copy of the original document.
County Counsel review can take up to 90 days. If approved, a Deputy County Counsel signs and the office records the modification at no fee. If not, it is returned unrecorded. The county also says it is strictly prohibited from altering recorded historical documents, so the original stays in the record and the modification is recorded as a new document. Its page describes a separate procedure, with a fee, for owners of housing developments under Civil Code section 714.6.
Santa Clara County
The Santa Clara County Clerk-Recorder's program page cites section 12956.2(a) and says anyone with a property they believe is subject to an unlawfully restrictive covenant may submit a modification for recording. Owners fill out the county's request form, then contact the program by phone or email as the page directs. The county says there is no cost to the public for the request, recording and copies. The page doesn't state a review time.
County programs reviewing old records
AB 1466 requires each county to run a restrictive covenant program, and the counties we checked describe theirs in different terms. San Mateo County says its official records hold about 25 million documents, that it uses software to read and flag text along with manual review, and that its goal is to finish by the end of December 2027. Alameda County invites the public to report recorded documents with unlawful language by email. Santa Clara County says it has prepared an implementation plan to redact the language AB 1466 covers.
A county program doesn't stop an owner from filing. If you have the document in hand, you can submit your own modification now.
What buyers and sellers should know
A buyer may get the cover page and the Restrictive Covenant Modification form with the CC&Rs during escrow, and a title or escrow company asked before closing must help prepare a modification. Because section 12956.2 covers a person who holds or is acquiring an ownership interest of record, either a seller or a buyer in escrow can start one.
Keep the two layers apart when you plan work. A modification removes only the unlawful wording. Lawful rules in the same CC&Rs, such as a one-story limit or an architectural committee's review, are untouched, and city rules like a single-story overlay are a separate matter.
This is general information, not legal advice. Check with your county recorder, and ask a real estate attorney how your tract's CC&Rs apply to your lot.
Frequently asked questions
Does a discriminatory covenant in my deed still have any legal effect?
Civil Code section 782 says such a deed provision is void, and section 782.5 says the deed or CC&Rs are deemed revised to omit it. Once a modification is recorded, section 12956.2(e) makes its restrictions the only ones in effect, while the original stays in the county's record.
How much does a restrictive covenant modification cost?
The department's summary says AB 1466 exempts the filing from recording fees, and San Mateo, Alameda and Santa Clara counties each say they record it at no fee or no cost. San Mateo requires the owner's signature in front of a notary.
How long does county review take?
Section 12956.2 allows up to three months unless extraordinary circumstances apply. Alameda County says its review can take up to 90 days, and San Mateo County says an approved modification is recorded and returned within a few weeks. Santa Clara County's page doesn't give a time.
Will a modification remove a one-story rule or design review?
No. Alameda County's instructions allow only the unlawfully restrictive language to be redacted, so lawful CC&Rs such as height limits or committee review stay in effect.
Related reading
Greenmeadow Eichler History: Palo Alto's Jones & Emmons Tract
Mid-Century Tract Homes vs. Custom Moderns: What Buyers Should Know
Selling a Mid-Century Modern Home: What to Fix and What to Leave
Shared Driveway Easement in California: Utility and Access Easements
More guides on this topic: Buying & Selling a Mid-Century Modern Home
Buying or selling in a mid-century tract with recorded CC&Rs? Call or text the Boyenga Team at Compass at (408) 373-1660 or (650) 383-8606, or contact the Boyenga Team to go over the tract's documents before you write an offer or list.
