The Restrictive Covenant Modification is the document that the Sacramento County Clerk/Recorder records to redact and eliminate unlawfully restrictive language from a recorded property document, under Government Code Section 12956.2 (AB 1466). An owner, a person acquiring an ownership interest, or another person named in the law can submit it for a property in Sacramento County. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the County Clerk/Recorder publishes the process and form at the official URL.
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What is Restrictive Covenant Modification – Sacramento County, CA?
The Restrictive Covenant Modification is the document, authorized by Government Code Section 12956.2, that is recorded with the Sacramento County Clerk/Recorder to redact and eliminate a restrictive covenant that is based on a protected characteristic and violates fair housing laws, so the covenant no longer stands as part of the property record.
The form states that 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 or ancestry, and that the restriction is void. It identifies the original document by page numbers, recording date, and book and page or instrument number in the official records of the County of Sacramento, and attaches a true, correct and complete copy of that document with the unlawful covenant redacted.
The modification is indexed in the same manner as the original document, and its effective date is the same as the effective date of the original document. It may not be recorded unless Sacramento County Counsel approves it as to form and finds that the original contains an unlawful restriction. The form belongs to the County's restrictive covenant program, which the Recorder's office established effective July 1, 2022 under Government Code Section 12956.3. It does not change any other terms of the original document.
Who needs to file Restrictive Covenant Modification – Sacramento County, CA?
Under the County Clerk/Recorder's page, a person who holds or is acquiring an ownership interest of record in property that they believe is subject to an unlawfully restrictive covenant may record a Restrictive Covenant Modification. The covenant must violate subdivision (l) of Section 12955 of the Government Code.
The same page says that other people may also record the modification document:
- a title company or escrow company;
- a county recorder;
- a real estate broker or real estate agent;
- any other person.
The information sheet covers properties within Sacramento County. The submitting party signs the form; the signature of County Counsel or their designee is completed by the County, not by you. Notarization is not required under AB 1466.
If you are unsure whether your property's Covenants, Conditions, and Restrictions (CC&Rs) contain such language, start by obtaining a copy: the title company usually provides it at purchase, or you can get one from the Clerk/Recorder.
When to file Restrictive Covenant Modification – Sacramento County, CA
You use this form whenever you find unlawfully restrictive language in a recorded document affecting a property in Sacramento County and want it redacted. The information sheet sets no deadline. The process begins when you notify the County Clerk/Recorder's Office, which then coordinates with you on preparing the document. The modification is recorded only after County Counsel approves it. After recording, the Clerk/Recorder returns the recorded document to the requesting party within 10 business days of recording.
Documents you need
- A true, correct and complete certified copy of the referenced document, with the unlawfully restrictive language redacted, attached to the form.
- The recording reference of the document containing the restrictive covenant: page number(s), recording date, and book and page or instrument number.
- Approval by County Counsel (or their designee), which the County obtains before recording; the form must be approved as to form before it can be recorded.
How to fill out Restrictive Covenant Modification – Sacramento County, CA
Contact the Clerk/Recorder first
Call (916) 874-8884 to report a document containing unlawfully restrictive language. Give your name, phone number, property address and subdivision, year of purchase and, if known, the recording book and page or document number.
Obtain your CC&Rs
Get a copy of the document that contains the restrictive covenant from your title company, or from the Clerk/Recorder by office visit or copy order, so you can locate the language to redact.
Complete the recording request block
Under RECORDING REQUESTED BY and WHEN RECORDED MAIL TO, enter the NAME, ADDRESS and CITY, STATE ZIP where the recorded document should be returned. Leave the space reserved for the Recorder blank.
Identify the original document
Enter the page(s) where the restrictive covenant appears, the date the document was recorded, and either the Book and Page or the instrument number in the official records of the County of Sacramento.
Attach the redacted certified copy
Attach a certified copy of the referenced document in which the unlawfully restrictive language is redacted. The attached copy must be true, correct and complete.
Sign, date and print your name
The submitting party signs on Signature of Submitting Party, enters the Date and writes the Printed Name. Notarization is not required.
Leave the County Counsel block blank
The two County Counsel statements, approval or denial, are completed by Sacramento County Counsel or their designee after review. Do not mark or sign them.
Review and download the completed PDF
Check names, recording reference and attachments, then download or print the completed PDF from FillingPDF and take it to the County Clerk/Recorder as coordinated with the office.
How to submit Restrictive Covenant Modification – Sacramento County, CA
You start by phone and then submit the prepared document to the Sacramento County Clerk/Recorder for recording.
- Phone: call (916) 874-8884 to tell the office about a document with unlawfully restrictive language. If you leave a voice message, give your first and last name (spelled correctly), your phone number, your property address and subdivision name, the year you purchased, and, if available, the recording book and page or document number of the CC&R document.
- Coordination: the office works with you to prepare the modification, with the unlawful language redacted, and receives the completed document.
- Recording: the document goes to County Counsel for approval as to form before it is recorded.
The information sheet gives no mailing address or other filing channel. The document is recorded as a no fee document, and the recorded copy is returned to the requesting party within 10 business days of recording. For a copy of your CC&Rs, you can visit an office, send a copy order or call (916) 874-6334. FillingPDF lets you fill out and download the PDF; submission follows the County's channels above.
Common mistakes to avoid
- Expecting the document to be recorded without County Counsel approval; it may not be recorded unless County Counsel approves it.
- Attaching a partial or unredacted copy instead of a certified, complete copy of the referenced document with the restrictive language redacted.
- Leaving out the recording reference (page(s), recording date, and book and page or instrument number) of the document with the covenant.
- Submitting the form without the signature, date and printed name of the submitting party.
- Filling in the County Counsel approval block yourself; that section is completed by County Counsel or their designee.
- Delaying the filing to arrange a notary; the information sheet says notarization is not required under AB 1466.
- Preparing the paperwork alone without first calling (916) 874-8884, when the office coordinates preparation of the modification with the requesting party.
Frequently asked questions
What is a Restrictive Covenant Modification in Sacramento County?
It is a document recorded with the Sacramento County Clerk/Recorder to redact and eliminate unlawfully restrictive language, such as a covenant based on race or another protected characteristic, from a recorded property document. It is authorized by Government Code Section 12956.2.
Who can record a Restrictive Covenant Modification?
A person who holds or is acquiring an ownership interest of record in the property can record it. A title company, escrow company, county recorder, real estate broker, real estate agent or other person may also record it, according to the County Clerk/Recorder's page.
Is there a fee to record a Restrictive Covenant Modification?
No. The County Clerk/Recorder's information sheet says the document is recorded as a no fee document and that fees are not charged for recording a Restrictive Covenant Modification.
Does a Restrictive Covenant Modification need to be notarized?
No. The information sheet says these documents are not required to be acknowledged by a Notary Public under the provisions of AB 1466. The submitting party still signs, dates and prints their name on the form.
What do I need to attach to the modification?
Attach a certified copy of the referenced document with the unlawfully restrictive language redacted. The form also needs the recording reference of that document and the signature of the submitting party. County Counsel's approval is added by the County.
How long until I get the recorded document back?
The Clerk/Recorder returns the recorded Restrictive Covenant Modification to the requesting party within 10 business days of recording. Recording happens only after County Counsel approves the document as to form.
Who do I call to start a restrictive covenant modification?
Call the Sacramento County Clerk/Recorder at (916) 874-8884. If you leave a message, give your name, phone number, property address and subdivision, year of purchase and any recording book and page or document number. For CC&R copies, call (916) 874-6334.
Can I fill out the Restrictive Covenant Modification online on FillingPDF?
Yes. You can fill out the form online on FillingPDF and download or print it. FillingPDF is independent of Sacramento County and does not file or record it; the County receives it only through the Clerk/Recorder's process.
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