Is There a Racial Covenant in Your Deed? How California's AB 1466 Lets Owners Remove It

The deed or CC&Rs for your Los Angeles home might contain language like "no Asians may occupy this property."

It sounds shocking, but it's real history. The good news: these clauses have no legal effect, and California lets owners request that they be removed from the official record.

History we shouldn't ignore

After World War II, Southern California saw a wave of new housing developments. Many of them added racially restrictive covenants to deeds or CC&Rs (Covenants, Conditions & Restrictions) to keep non-white people from buying or living there. According to the Los Angeles Almanac, many new San Gabriel Valley developments of that era did the same.

A lot of that language still sits in county records today.

1948: courts can't enforce them

In 1948, the U.S. Supreme Court ruled in Shelley v. Kraemer that courts cannot enforce racially restrictive covenants.

In California today, discriminatory restrictions like these are void. Whatever your documents say, they cannot limit who may buy, sell, or live in your home.

The problem: the words are still on record

Even though the clauses are void, the language doesn't disappear on its own. California addresses that in two ways.

1. A notice on the first page of copies

Under Government Code §12956.1, when a title company, escrow company, or real estate licensee provides a copy of CC&Rs or a deed, the first page must include a statement that any discriminatory restriction is void.

2. AB 1466 (2021): requesting removal

AB 1466, passed in 2021, goes further. An owner can submit a Restrictive Covenant Modification to the county recorder. After review by county counsel, the discriminatory language can be struck and a modified document recorded (see Government Code §12956.2).

Procedures and fees can vary by county, and recording fees may be waived in some cases. Check with your county recorder for the details.

What I tell clients when I see one in escrow

If I come across one of these clauses in transaction documents, I tell clients two things:

It has no legal effect on you. You don't need to worry about it affecting your title or your use of the home.
If you want it removed from the record, you can request that. I can help you understand your county's process, and you may want to consult an attorney or title professional.

I also point out that seeing this language doesn't mean anything is "wrong" with the home or neighborhood. It's a trace of history.

Why I wanted to write this

Fair Housing isn't just a rule for me. It's a basic part of how I do this work. Everyone should be free to choose where to live based on their own needs and budget. Understanding this history is also part of understanding how Los Angeles came to look the way it does.

When you buy a home, you're not just buying a house. You're also buying a piece of history.

Want to check your CC&Rs?

If you're buying a home, or you're curious what your own deed and CC&Rs say, reach out. I'm happy to look through the documents with you and point you to the right place to file.

Sources

AB 1466 bill text (California Legislative Information)
Government Code §12956.1
Government Code §12956.2 (Restrictive Covenant Modification)
Los Angeles Almanac: How the San Gabriel Valley Became America's Suburban Chinatown
Shelley v. Kraemer, 334 U.S. 1 (1948)