SERVICE

Remove discriminatory racial covenants

Strike out unlawful discriminatory language from recorded documents.

What to know

Cost

Free

There's no fee for this service.

Our commitment

We seek to be a model of good government and antiracism. We do so by advancing our values of fairness, care, equity, and excellence in service to our diverse constituents and communities.

What to do

Our plan to identify and redact restrictive covenant documents

Assembly Bill 1466 authorizes the County Recorders to develop a plan to identify and redact restrictive covenant documents with illegal language in their historical records. 

  • Upon the discovery of such a document, the County Recorder shall redact the illegal language by rerecording the document as a Restrictive Covenant Modification with the illegal language masked so that it is no longer readable. 
  • The San Francisco Assessor-Recorder’s Office has developed an approach to identify, review, redact, rerecord, and track documents containing restrictive covenants in its Official Record in accordance with California Government Code Section 12956.3.7

While our Office is doing this work, you may also proactively seek to redact restrictive language from your property's recorded documents. More information below. 

Steps to remove a discriminatory restrictive covenant

  1. Get the original document
  1. Change the document
    • On the copy, identify and strike out the unlawful restrictions.
  1. Download and complete the Restrictive Covenant Modification Form (see below)
  2. Our office and City Attorney's office
    • Submit the modification form and the stricken language. 
    • The City Attorney’s Office will review and determine
      1. If the original document contains unlawful restrictions
      2. If approved, the City Attorney will sign the request.
  3. Confirmation
    • Once recorded, imaged, and indexed, you will receive a copy by mail.
  1. Submission Options
    • In-person at City Hall
    • By email: assessor@sfgov.org
    • By mail
      • Office of the Assessor-Recorder
      • Attention: Recording Division Manager
      • City Hall, 1 Dr. Carlton B. Goodlett Place, room 190
      • San Francisco, CA 94102

Racially restrictive covenants

What were these covenants and how were they used?

  • Racially restrictive covenants - commonly known as covenants, conditions, and restrictions (CCRs) 
    • These are private covenants used in planned communities. Generally, the CC&Rs set out the rules describing what you can and cannot do with your property. These may include its use, access, and ongoing maintenance.
  • Historical discrimination
    • Communities used these covenants to restrict who could buy the property. This happened as early as the 1920's with the rise of segregation in the country.
    • These covenants used subtle and veiled language to promote elite residential communities. 
    • The language was also blatant and derogatory, listing specific groups to be excluded.
  • Legal shifts
    • Corrigan v. Buckley (1926)
      • This Supreme Court case allowed racially restrictive covenants in property deeds. This decision opened the door for widespread housing discrimination.
    • Federal Housing Administration (FHA)
      • The FHA was a government agency created to help people buy homes. Ironically, in the 1930s, the agency encouraged racial covenants. This policy reinforced racial segregation in housing.
    • Shelley v. Kraemer (1948)
      • This landmark case reversed Corrigan v. Buckley. This was a major step forward for fair housing.
    • Fair Housing Act (1968)
      • This federal law finally outlawed housing discrimination based on protected factors. It made racial covenants and other discriminatory practices in housing illegal.

Positive steps

Removing racist language in old property records

Assembly Bill 1466 lets homeowners and others remove racist language. Now you can request the removal of discriminatory language from property records.

How it works:

County recorders can hide the offensive language from old documents. We make new versions with those parts masked out.

Why it matters:

It can be hurtful when you come across discriminatory language in historical records.  It can also reinforce racist practices. This law helps remove those outdated and offensive parts.

Supporting information

Special cases

Legacy of these covenants

While racial discrimination in housing is no longer legal, it's important to remember the legacy of these covenants. Some questions you might consider exploring further are:

  • How did these discriminatory practices impact minority communities, including on communities' ability to build intergenerational wealth? 
  • Are there lingering effects of these policies on housing patterns and economic outcomes today?
  • What can be done to ensure fair and equitable access to housing?

Additional resources: 

Racial restrictive covenants and the politics of property and racism (SF Library list)

Racial Restrictive Covenants and the Politics of Property and Racism | San Francisco Public Library | BiblioCommons

Roots, Race, and Place: A history of racially exclusionary housing in the San Francisco Bay Area

Roots, Race, & Place | Othering & Belonging Institute (berkeley.edu)

Racial equity action plan

The Office of the Assessor-Recorder's Racial Equity Action Plan aims to proactively advance equity in the Department's internal and external work including recruitment, culture, training, community engagement, advocacy, and the review and evaluation of our operations. Our work is guided by our Racial Equity Action Plan.

Office of the Assessor-Recorder Racial Equity Action Plan

Racial equity progress report

Get help

Address

Office of the Assessor-RecorderCity Hall
1 Dr. Carlton B Goodlett, Room 190
San Francisco, CA 94102
Get directions

Our regular office hours are from 8:00 am to 5:00 PM. Our in-person document recording hours are from 8:00 am to 4:00 pm. 

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