Cal. Gov't Code § 12956.1
California Government Code
Operative Text
(a) As used in this section: (1) “Association,” “governing documents,” and “declaration” have the same meanings as set forth in Sections 4080, 4135, and 4150 or Sections 6528, 6546, and 6552 of the Civil Code. (2) “Redaction” means the process of rerecording of a document that originally contained unlawful restrictive language, and when presented to the county recorder for rerecording, no longer contains the unlawful language or the unlawful language is masked so that it is not readable or visible. (3) “Redacted” means the result of the rerecording of a document that originally contained unlawful restrictive language, and when presented to the county recorder for rerecording, no longer contains the unlawful language or the unlawful language is masked so that it is not readable or visible. (b) (1) A county recorder, title company, escrow company, real estate broker, real estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover page or stamp on the first page of the previously recorded document or documents stating, in at least 14-point boldface type, the following: “If this document contains any restriction based on age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code by submitting a “Restrictive Covenant Modification” form, together with a copy of the attached document with the unlawful provision redacted to the county recorder’s office. The “Restrictive Covenant Modification” form can be obtained from the county recorder’s office and may be available on its internet website. The form may also be available from the party that provided you with this document. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.” (2) The requirements of paragraph (1) shall not apply to documents being submitted for recordation to a county recorder. (3) A title company, escrow company, or association that delivers a copy of a declaration, governing document, or deed directly to a person who holds an ownership interest of record in property shall also provide a Restrictive Covenant Modification form with procedural information for appropriate processing along with the document. (c) Any person who records a document for the express purpose of adding a racially restrictive covenant is guilty of a misdemeanor. The county recorder shall not incur any liability for recording the document. Notwithstanding any other provision of law, a prosecution for a violation of this subdivision shall commence within three years after the discovery of the recording of the document.
Cal. Gov't Code § 12956.1 establishes a notice-and-removal framework for unlawful restrictive covenants in property documents. When certain parties—such as title companies, escrow companies, real estate brokers or agents, and homeowner associations—distribute copies of deeds, declarations, or governing documents, they must attach a prominently displayed cover page or stamp alerting recipients that any restriction based on characteristics like race, religion, sex, disability, or national origin is void under fair housing law and can be formally removed through a county recorder process. The statute also makes it a misdemeanor for any person to intentionally record a document for the purpose of adding a racially restrictive covenant, with a three-year prosecution window running from discovery of the recording.
Plain English — not legal advice.
Property owners and managers who distribute deeds, declarations, or governing documents—whether in a sales, leasing, or association context—should be aware that Cal. Gov't Code § 12956.1 requires the distributing party to attach a cover page or stamp in at least 14-point boldface type notifying recipients of their rights regarding void restrictive covenants. Operators who are also part of an association or who work with title or escrow companies should confirm that compliant cover pages are being applied before documents reach recipients. Those delivering documents directly to record owners should also include a Restrictive Covenant Modification form along with procedural instructions for submitting it to the county recorder.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Cal. Gov't Code § 12956.1, tenants and prospective buyers who receive copies of deeds, declarations, or governing documents are entitled to a cover-page notice explaining that any restriction tied to race, religion, disability, familial status, or similar protected characteristics is legally void and removable. If such a notice was not included, or if a document appears to contain an unlawful restriction, recipients can contact the county recorder's office to obtain a Restrictive Covenant Modification form and learn about the rerecording process. Tenant-rights organizations and fair housing agencies can also help individuals understand how this provision intersects with broader fair housing protections.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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