California Assembly Bill AB1466

California 2021-2022 Regular Session

• Introduced: 2/19/21
• Refer: 3/11/21
• Report Pass: 4/5/21
• Refer: 4/6/21
• Report Pass: 4/13/21
• Refer: 4/13/21
• Refer: 4/28/21
• Report Pass: 5/20/21
• Engrossed: 6/3/21
• Refer: 6/7/21
• Refer: 6/16/21
• Report Pass: 6/30/21
• Refer: 6/30/21
• Report Pass: 7/1/21
• Refer: 7/1/21
• Report Pass: 7/8/21
• Refer: 7/12/21
• Refer: 8/16/21
• Report Pass: 8/26/21
• Enrolled: 9/9/21
• Chaptered: 9/28/21
• Passed: 9/28/21

Caption

Real property: discriminatory restrictions.

Impact

The enactment of AB 1466 reinforces the California Fair Employment and Housing Act by clarifying the roles and responsibilities of those involved in real estate transactions, including title companies and escrow firms. It places an obligation on these entities to notify current and prospective property owners of existing restrictive covenants and provides a framework for recording modifications to such covenants. This legislation is expected to empower marginalized communities by ensuring their property rights are more effectively protected against discriminatory practices historically prevalent in real estate.

Summary

Assembly Bill 1466, known as the Real Property: Discriminatory Restrictions, aims to enhance the existing laws against housing discrimination in California. Specifically, it focuses on the elimination of unlawfully restrictive covenants in real property titles that discriminate based on characteristics including race, gender, sexual orientation, and disability. This bill mandates that county recorders work with title companies and real estate professionals to ensure that individuals are informed about any restrictive covenants that affect their property rights, thus enabling them to seek modification or removal of these covenants through a defined legal process.

Sentiment

The general sentiment around AB 1466 appears to be positive, particularly among advocates for civil rights and housing equity. Supporters argue that the bill is a significant step toward rectifying historical injustices in housing access and ownership. However, there remains some apprehension regarding the potential administrative burdens it could impose on county recorders and real estate professionals involved in the modification process, raising concerns about the feasibility and effectiveness of implementation.

Contention

While supporters champion the bill for its proactive measures against discrimination, opponents may argue it complicates existing processes and could result in increased costs for counties tasked with implementing the new requirements. There is also potential contention regarding the financial implications of the newly established fee system for recording modifications, although the bill aims to minimize financial burden by providing exemptions for certain documents. Overall, AB 1466 seeks to address a critical issue of housing discrimination, but its practical implications will require careful monitoring.