California 2021-2022 Regular Session

California Assembly Bill AB1438 Compare Versions

Only one version of the bill is available at this time.

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1	1	CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1438Introduced by Assembly Member KileyFebruary 19, 2021 An act to amend Section 53 of the Civil Code, relating to civil rights. LEGISLATIVE COUNSEL'S DIGESTAB 1438, as introduced, Kiley. Civil rights.Existing law declares that any provision in a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, leasing, or mortgaging of that real property to any person because of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, is void.This bill would make nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 53 of the Civil Code is amended to read:53. (a) Every A provision in a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, leasing, or mortgaging of that real property to any person because of any a characteristic listed or defined in subdivision (b) or (e) of Section 51 is void, and every a restriction or prohibition as to the use or occupation of real property because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void.(b) Every A restriction or prohibition, whether by way of covenant, condition upon use or occupation, or upon transfer of title to real property, which restriction or prohibition property, that directly or indirectly limits the acquisition, use use, or occupation of that property because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void.(c) In any action to declare that a restriction or prohibition specified in subdivision (a) or (b) is void, the court shall take judicial notice of the recorded instrument or instruments containing the prohibitions or restrictions in the same manner that it takes judicial notice of the matters listed in Section 452 of the Evidence Code.
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3	3	CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1438Introduced by Assembly Member KileyFebruary 19, 2021 An act to amend Section 53 of the Civil Code, relating to civil rights. LEGISLATIVE COUNSEL'S DIGESTAB 1438, as introduced, Kiley. Civil rights.Existing law declares that any provision in a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, leasing, or mortgaging of that real property to any person because of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, is void.This bill would make nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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9	9	CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
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11	11	Assembly Bill
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13	13	No. 1438
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15	15	Introduced by Assembly Member KileyFebruary 19, 2021
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17	17	Introduced by Assembly Member Kiley
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20	20	An act to amend Section 53 of the Civil Code, relating to civil rights.
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22	22	LEGISLATIVE COUNSEL'S DIGEST
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24	24	## LEGISLATIVE COUNSEL'S DIGEST
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26	26	AB 1438, as introduced, Kiley. Civil rights.
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28	28	Existing law declares that any provision in a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, leasing, or mortgaging of that real property to any person because of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, is void.This bill would make nonsubstantive changes to those provisions.
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30	30	Existing law declares that any provision in a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, leasing, or mortgaging of that real property to any person because of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, is void.
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32	32	This bill would make nonsubstantive changes to those provisions.
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34	34	## Digest Key
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36	36	## Bill Text
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38	38	The people of the State of California do enact as follows:SECTION 1. Section 53 of the Civil Code is amended to read:53. (a) Every A provision in a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, leasing, or mortgaging of that real property to any person because of any a characteristic listed or defined in subdivision (b) or (e) of Section 51 is void, and every a restriction or prohibition as to the use or occupation of real property because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void.(b) Every A restriction or prohibition, whether by way of covenant, condition upon use or occupation, or upon transfer of title to real property, which restriction or prohibition property, that directly or indirectly limits the acquisition, use use, or occupation of that property because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void.(c) In any action to declare that a restriction or prohibition specified in subdivision (a) or (b) is void, the court shall take judicial notice of the recorded instrument or instruments containing the prohibitions or restrictions in the same manner that it takes judicial notice of the matters listed in Section 452 of the Evidence Code.
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40	40	The people of the State of California do enact as follows:
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42	42	## The people of the State of California do enact as follows:
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44	44	SECTION 1. Section 53 of the Civil Code is amended to read:53. (a) Every A provision in a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, leasing, or mortgaging of that real property to any person because of any a characteristic listed or defined in subdivision (b) or (e) of Section 51 is void, and every a restriction or prohibition as to the use or occupation of real property because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void.(b) Every A restriction or prohibition, whether by way of covenant, condition upon use or occupation, or upon transfer of title to real property, which restriction or prohibition property, that directly or indirectly limits the acquisition, use use, or occupation of that property because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void.(c) In any action to declare that a restriction or prohibition specified in subdivision (a) or (b) is void, the court shall take judicial notice of the recorded instrument or instruments containing the prohibitions or restrictions in the same manner that it takes judicial notice of the matters listed in Section 452 of the Evidence Code.
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46	46	SECTION 1. Section 53 of the Civil Code is amended to read:
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48	48	### SECTION 1.
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50	50	53. (a) Every A provision in a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, leasing, or mortgaging of that real property to any person because of any a characteristic listed or defined in subdivision (b) or (e) of Section 51 is void, and every a restriction or prohibition as to the use or occupation of real property because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void.(b) Every A restriction or prohibition, whether by way of covenant, condition upon use or occupation, or upon transfer of title to real property, which restriction or prohibition property, that directly or indirectly limits the acquisition, use use, or occupation of that property because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void.(c) In any action to declare that a restriction or prohibition specified in subdivision (a) or (b) is void, the court shall take judicial notice of the recorded instrument or instruments containing the prohibitions or restrictions in the same manner that it takes judicial notice of the matters listed in Section 452 of the Evidence Code.
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52	52	53. (a) Every A provision in a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, leasing, or mortgaging of that real property to any person because of any a characteristic listed or defined in subdivision (b) or (e) of Section 51 is void, and every a restriction or prohibition as to the use or occupation of real property because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void.(b) Every A restriction or prohibition, whether by way of covenant, condition upon use or occupation, or upon transfer of title to real property, which restriction or prohibition property, that directly or indirectly limits the acquisition, use use, or occupation of that property because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void.(c) In any action to declare that a restriction or prohibition specified in subdivision (a) or (b) is void, the court shall take judicial notice of the recorded instrument or instruments containing the prohibitions or restrictions in the same manner that it takes judicial notice of the matters listed in Section 452 of the Evidence Code.
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54	54	53. (a) Every A provision in a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, leasing, or mortgaging of that real property to any person because of any a characteristic listed or defined in subdivision (b) or (e) of Section 51 is void, and every a restriction or prohibition as to the use or occupation of real property because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void.(b) Every A restriction or prohibition, whether by way of covenant, condition upon use or occupation, or upon transfer of title to real property, which restriction or prohibition property, that directly or indirectly limits the acquisition, use use, or occupation of that property because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void.(c) In any action to declare that a restriction or prohibition specified in subdivision (a) or (b) is void, the court shall take judicial notice of the recorded instrument or instruments containing the prohibitions or restrictions in the same manner that it takes judicial notice of the matters listed in Section 452 of the Evidence Code.
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58	58	53. (a) Every A provision in a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, leasing, or mortgaging of that real property to any person because of any a characteristic listed or defined in subdivision (b) or (e) of Section 51 is void, and every a restriction or prohibition as to the use or occupation of real property because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void.
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60	60	(b) Every A restriction or prohibition, whether by way of covenant, condition upon use or occupation, or upon transfer of title to real property, which restriction or prohibition property, that directly or indirectly limits the acquisition, use use, or occupation of that property because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void.
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62	62	(c) In any action to declare that a restriction or prohibition specified in subdivision (a) or (b) is void, the court shall take judicial notice of the recorded instrument or instruments containing the prohibitions or restrictions in the same manner that it takes judicial notice of the matters listed in Section 452 of the Evidence Code.