Restrictive Covenant Modification - Affordable Housing

California Civil Code 714.6 authorizes owners of affordable housing development to submit a copy of the original restrictive covenant and restrictive covenant modification document pursuant to Government Code Section 12956.2 that modifies or removes any existing restrictive covenant language that restricts the number, size, or location of the residences that may be built on the property, or that restricts the number of persons or families that may reside on the property.

THE PROCESS TO RECORD A RESTRICTIVE COVENANT MODIFICATION - AFFORDABLE HOUSING CIV 714.6 IS OUTLINED BELOW:
  1. The owner of an affordable housing development submits to the Yolo County Clerk/Recorder: 
  2. Within 5 days, the County Recorder submits all documents received to County Counsel for determination. County Counsel may request additional documentation from owner as needed.
  3. Within 15 days, County Counsel returns with their determination checked on the first-page of the Restrictive Covenant Modification - Affordable Housing CIV 714.6 document. 
  4. If County Counsel agrees that the original restrictive covenant document contains an unlawful restriction for an affordable housing property, the modification may be recorded.
  5. Regular recording fees apply: $15.00 1st page, $3.00 each additional page, and $75.00 SB2 fee.
  6. Regular copy fees apply: $7.35 1st page, $2.00 additional pages, $6.50 certification (no certified copy required).
TO OBTAIN A COPIES OF OFFICIAL RECORDS:

To view Yolo County real property records perform a document search. See Obtaining Copies for details to purchase.

FOR ADDITIONAL QUESTIONS ABOUT RESTRICTIVE COVENANT MODIFICATION - AFFORDABLE HOUSING CIV. 714.6:

If you have additional questions about recording a Restrictive Covenant Modification, contact the Yolo County Recorder's Office by email, or call (530) 666-8130 during our business hours, see 2022 Calendar for holiday schedule.

Yolo County Recorder’s staff members are happy to provide you with as much information as possible about the process; however, under California law staff members are prohibited from providing legal advice or assisting with document preparation. 


    Effective January 1, 2022