There’s a trend in states taking action to eliminate restrictive restrictions in recorded deeds. There may be a duty to discover and disclose
https://www.clta.org/news/581830/Governor-Newsom-Signs-Bill-Requiring-Redaction-of-Unlawful-Restrictive-Covenants.htm Governor Newsom Signs Bill Requiring Redaction of Unlawful Restrictive Covenants Wednesday, September 29, 2021
California Governor Newsom has signed into law Assembly Bill 1466, which requires that the county recorder of each county establish a program to identify and redact unlawfully restrictive covenants from California real property records. Among the various requirements imposed on county recorders under the program, recorders will be tasked with creating an implementation plan that outlines the methods by which they will carry out the unlawful restrictive covenants’ identification and redaction.
The bill was signed along with a package of housing-related bills, which the Governor’s office touted in a press release as a “robust 31-bill housing package” focused on “streamlining the building of new homes, breaking down barriers to build more affordable housing, addressing systemic bias by elevating fair housing principles and holding local governments accountable to do their job.”