CaliforniaUnlawfully restrictive covenants: housing developments: Palisades Fire.
What it does
Existing law makes specified recorded covenants, conditions, restrictions, or private limits on the use of land contained in specified instruments affecting the transfer or sale of any interest in real property unenforceable against the owner of an affordable housing development, as defined, if an approved restrictive covenant affordable housing modification document has been recorded in the public record, as specified. As part of this process, existing law requires the owner to submit to the county recorder a copy of the original restrictive covenant, among other documents, and requires the county counsel to determine, among other things, if a modification document may be recorded.
More detail
Existing law, the California Emergency Services Act, authorizes the Governor to proclaim a state of emergency when specified conditions of disaster or extreme peril to the safety of persons and property exist, as specified.
This bill would expand the provisions making a recorded restrictive covenant unenforceable against the owner of an affordable housing development to additionally apply to a development located on property that is the subject of a recorded restrictive covenant and is located within a county subject to the state of emergency declared by the Governor on January 7, 2025, related to the Palisades Fire and windstorm conditions. The bill would make conforming changes in this regard. By imposing additional duties on county officials, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Aug 29In committee: Held under submission.Latest
- Aug 18In committee: Referred to suspense file.Minor
- Vote recorded Placed on suspense file. Result: pass.Upper
- Jul 16From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (July 15). Re-referred to Com. on APPR.Minor
- Jul 15
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- Jul 3Read second time and amended. Re-referred to Com. on HOUSING.Major
- Jul 2From committee: Amend, and do pass as amended and re-refer to Com. on HOUSING. (Ayes 11. Noes 1.) (July 1).Major
- Jul 1
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Housing]. Result: pass.Upper
- Jun 11Referred to Coms. on JUD. and HOUSING.Minor
- Jun 3In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 1385 Petrie-Norris Assembly Third Reading. Result: pass.Lower
- Jun 2Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 10. Page 1890.)Passed Assembly
- May 27Read second time. Ordered to third reading.Minor
- May 23From committee: Do pass. (Ayes 11. Noes 3.) (May 23).Minor
- Vote recorded Do pass. Result: pass.Lower
- Apr 23In committee: Set, first hearing. Referred to suspense file.Minor
- Apr 10Re-referred to Com. on APPR.Minor
- Apr 9Read second time and amended.Major
- Apr 8From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 2.) (April 8).Major
- Vote recorded Do pass as amended and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Mar 25Re-referred to Com. on JUD.Minor
- Mar 24From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.Major
- Mar 24Referred to Com. on JUD.Minor
- Feb 24Read first time.Minor
- Feb 22From printer. May be heard in committee March 24.
- Feb 21Introduced. To print.Introduced