Bill > AB1385

This bill expands existing California law that allows housing developers to modify restrictive covenants that limit housing development, specifically to include properties located in counties subject to the state of emergency declared on January 7, 2025, related to the Palisades Fire and windstorm conditions. The bill provides a process by which housing developers can submit a modification document to county recorders to remove or modify restrictive covenants that limit the number, size, or location of residences, or restrict the number of persons or families who can live on a property. This applies primarily to affordable housing developments where 100% of units are designated for lower-income households. The modification process requires the developer to submit original covenant documents to the county counsel for review, provide notice to interested parties, and follow specific procedural steps. The bill maintains protections for certain types of covenants, such as those related to conservation easements, aesthetic design standards, and maintenance fees. By expanding the existing legal framework, the bill aims to facilitate more housing development in areas impacted by wildfire disasters, while providing a structured method for modifying overly restrictive property covenants that might impede affordable housing construction.

Budget and Finance, Housing and Urban Affairs, Justice

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260AB1385