The Restrictive Covenant Modification is a document recorded in the official records of the County of Los Angeles to redact and eliminate a restrictive covenant that violates state and federal fair housing law. It is one of the property document recording forms listed by the Los Angeles County Registrar-Recorder/County Clerk (RR/CC), and it is recorded under Section 12956.2 of the Government Code. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the original sample form and the agency's recording information are published by the RR/CC.
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What is Restrictive Covenant Modification – Los Angeles County, CA?
The Restrictive Covenant Modification is a document recorded in Los Angeles County that redacts and eliminates an unlawful restrictive covenant from a previously recorded document, under Section 12956.2 of the California Government Code, after County Counsel has determined the restriction is unlawful.
The form states its own premise: the referenced document contains a 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 Section 12955 of the Government Code, or ancestry, which violates state and federal fair housing law and is void.
The form identifies the original document by the page(s) where the covenant appears, the date it was recorded, and its book and page or its instrument number in the official records of the County of Los Angeles. A true, correct and complete copy of that document, with the unlawful covenant redacted, is attached. The modification is indexed in the same manner as the original document, under subdivision (d) of Section 12956, and its effective date is the same as the effective date of the original document.
The form has a County Counsel block with two alternatives: a determination that the original contains an unlawful restriction and the modification may be recorded, or a finding that it does not (or that the modification contains unauthorized changes) and the modification may not be recorded.
The RR/CC lists a second, separate document type for redacting covenants that restrict the number, size or location of residences, or the number of persons or families who may live on a property. This form's wording concerns the discriminatory restrictions listed above. The RR/CC publishes its forms as samples and says it cannot give legal advice.
Who needs to file Restrictive Covenant Modification – Los Angeles County, CA?
The submitting party who wants an unlawful restrictive covenant removed from a document already recorded in the official records of the County of Los Angeles uses this form. The form has a line for the signature, date and printed name of the Submitting Party.
The form applies when the recorded document contains a restriction based on one of the characteristics it lists (for example race, religion, sex, familial status, disability or national origin) and County Counsel determines the restriction is unlawful. It is recorded solely to redact that covenant.
It is not the form for every kind of covenant. The RR/CC's page describes a separate document type for covenants that restrict the number, size or location of residences, or the number of persons or families who may reside on a property; check that document type if your restriction is of that kind.
The RR/CC does not provide legal advice and cannot help prepare legal documents, and it says its forms are samples prepared according to legislation. Consult a legal advisor before submitting for recording. The form itself does not say who may sign on behalf of the submitting party.
When to file Restrictive Covenant Modification – Los Angeles County, CA
You use this form when a document already recorded in Los Angeles County contains an unlawful restrictive covenant and you want it redacted. The form sets no deadline of its own.
Sequence matters: the County Counsel block states that County Counsel has determined the original document contains an unlawful restriction and that the modification may be recorded. The alternative statement says it may not be recorded. So the modification is ready for recording only after County Counsel or a designee approves it and signs, with a Deputy County Counsel on the "By" line.
Before you start, locate the original document's recording details: the page(s) with the covenant, the recording date, and the book and page or the instrument number.
Documents you need
- A true, correct and complete copy of the previously recorded document, with the unlawfully restrictive covenant redacted, attached to the modification.
- County Counsel's signed determination on the form (County Counsel or designee, with a Deputy County Counsel on the "By" line) stating the modification may be recorded.
How to fill out Restrictive Covenant Modification – Los Angeles County, CA
Enter recording and return details
At the top, complete RECORDING REQUESTED BY and WHEN RECORDED MAIL TO with the name, mailing address, city, state and ZIP code. Leave the space reserved for the Recorder's use empty.
Read the restriction statement
Confirm the covenant in your recorded document is the kind the form describes: a restriction based on one of the listed characteristics that violates fair housing law and is void.
Identify the page(s) with the covenant
Enter the page number(s) of the recorded document on which the restrictive covenant appears, in the blank after "as shown on page(s)".
Enter the original recording details
Enter the recording date, then the book and page, or the instrument number, of the original document in the official records of the County of Los Angeles.
Attach the redacted copy
Attach a true, correct and complete copy of the original document with the unlawfully restrictive covenant redacted, as the form states.
Sign as the submitting party
Sign the line for Signature of Submitting Party, enter the date, and print your name on Printed Name.
Route to County Counsel
Leave the County Counsel block for County Counsel or a designee to complete, including the county name, signature, date and Deputy County Counsel line.
Review and download the PDF
Check the recording details and the attached redacted copy, then download or print the completed PDF from FillingPDF and submit it as described under How to submit.
How to submit Restrictive Covenant Modification – Los Angeles County, CA
The form is recorded in the official records of the County of Los Angeles, and it carries no mailing address, portal or appointment rule of its own. The Los Angeles County Registrar-Recorder/County Clerk (RR/CC) describes this and other property document types on its recording page at https://www.lavote.gov/home/records/property-document-recording/forms.
Before submitting, check that:
- the Recording Requested By and When Recorded Mail To blocks have the name and mailing address for return;
- the original document's details are filled in;
- the redacted copy of the original document is attached;
- the Submitting Party has signed, dated and printed their name;
- County Counsel has completed the approval block.
The RR/CC does not provide legal advice, so confirm recording requirements with a legal advisor or the RR/CC. FillingPDF lets you fill out and download the PDF; submission follows the channels of the agency.
Common mistakes to avoid
- Submitting the modification without the attached true, correct and complete copy of the original document with the covenant redacted.
- Leaving blank the original document's recording details: page(s) of the covenant, recording date, and book and page or instrument number.
- Omitting the Submitting Party's signature, date or printed name.
- Treating the form as ready to record before County Counsel has signed the approval block.
- Using this form for a restriction on the number, size or location of residences, or on the number of persons or families, which the RR/CC lists as a separate document type.
- Leaving the "When Recorded Mail To" block empty, so the recorded document has no return name and address.
- Relying on the RR/CC for legal advice; the agency says it cannot help prepare legal documents.
Frequently asked questions
What is a Restrictive Covenant Modification in Los Angeles County?
It is a document recorded in Los Angeles County to redact and eliminate an unlawful restrictive covenant from a previously recorded document, under Section 12956.2 of the Government Code. It is recorded solely for that purpose and carries a copy of the original with the covenant redacted.
Which restrictions does this form cover?
Restrictions 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 or ancestry, which the form says are void under fair housing law.
Does County Counsel have to approve the modification?
Yes. The form has a County Counsel block stating that County Counsel has determined the original contains an unlawful restriction and the modification may be recorded. The alternative statement says it may not be recorded.
What do I attach to the Restrictive Covenant Modification?
Attach a true, correct and complete copy of the original recorded document with the unlawfully restrictive covenant redacted. The form also asks for the page(s), recording date, and book and page or instrument number of the original.
Is there a different form for covenants on the number or size of homes?
Yes. The Los Angeles County Registrar-Recorder/County Clerk lists a separate document type for redacting covenants that restrict the number, size or location of residences, or the number of persons or families who may reside on a property.
Can the Registrar-Recorder help me prepare this document?
No. The RR/CC says it does not provide legal advice and cannot assist in preparing legal documents, and that its forms are samples prepared according to legislation. It recommends consulting a legal advisor before submitting for recording.
Can I fill out the Restrictive Covenant Modification online on FillingPDF?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not record or file the document; recording follows the Los Angeles County RR/CC's channels.
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