Restrictive Covenant Modification
Pursuant to Government Code Section 12956.2, a person who holds an ownership interest of record in property that the person believes is the subject of an unlawfully restrictive covenant in violation of subdivision (l) of Government Code Section 12955 may record a document titled Restrictive Covenant Modification. Unlawful restrictions include those restrictions based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, national origin, source of income as defined in subdivision (p) of Government Code Section 12955, or ancestry.
Steps to Recording a Restrictive Covenant Modification:
- Obtain a complete copy of your property’s Covenants, Conditions, and Restrictions (CC&Rs) containing the unlawfully restrictive language. Typically, homeowners receive a copy from the title company when the home is purchased. You can also obtain a copy from our office by following this link.
- Locate and strike out any unlawfully restrictive language in the CC&Rs.
- Complete and print the Restrictive Covenant Modification form. Note that the form must include an acknowledgment executed by a notary public or other qualified officer.
- Submit the completed Restrictive Covenant Modification form and a full copy of the CC&Rs with the unlawful verbiage stricken to the San Francisco Assessor-Recorder's Office, attention Recording Division Manager. No fee is required for this service.
- The San Francisco Assessor-Recorder's Office will forward the Restrictive Covenant Modification form and the original document to the City Attorney’s Office who will determine whether the original document contains any unlawful restrictions.
- The City Attorney’s Office will review and return the documents to the San Francisco Assessor-Recorder's Office along with its determination. If the City Attorney’s Office determines that the original document contains the unlawful restrictions as indicated by the stricken language, a Deputy City Attorney will sign the Restrictive Covenant Modification, and the San Francisco Assessor-Recorder's Office will record it. However, if the City Attorney’s Office finds that the original document does not contain an unlawful restriction, then the San Francisco Assessor-Recorder's Office will not record the Restrictive Covenant Modification.
- Once the approved Restrictive Covenant Modification is recorded, imaged, and indexed, it will be returned to the submitter by mail.
- NOTE: The San Francisco Assessor-Recorder's Office is strictly prohibited from altering, changing, obliterating, or inserting new matters into any historical documents that have already been recorded into our Official Public Records.