AB 1385: Unlawfully restrictive covenants: housing developments: Palisades Fire.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

Existing law makes specified recorded covenants, conditions, restrictions, or private limits on the use of land contained in specified instruments affecting the transfer or sale of any interest in real property unenforceable against the owner of an affordable housing development, as defined, if an approved restrictive covenant affordable housing modification document has been recorded in the public record, as specified. As part of this process, existing law requires the owner to submit to the county recorder a copy of the original restrictive covenant, among other documents, and requires the county counsel to determine, among other things, if a modification document may be recorded.

Existing law, the California Emergency Services Act, authorizes the Governor to proclaim a state of emergency when specified conditions of disaster or extreme peril to the safety of persons and property exist, as specified.

This bill would expand the provisions making a recorded restrictive covenant unenforceable against the owner of an affordable housing development to additionally apply to a development located on property that is the subject of a recorded restrictive covenant and is located within a county subject to the state of emergency declared by the Governor on January 7, 2025, related to the Palisades Fire and windstorm conditions. The bill would make conforming changes in this regard. By imposing additional duties on county officials, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. August 29, 2025In committee: Held under submission.
2. August 18, 2025In committee: Referred to suspense file.
3. July 16, 2025From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (July 15). Re-referred to Com. on APPR.
4. July 3, 2025Read second time and amended. Re-referred to Com. on HOUSING.
5. July 2, 2025From committee: Amend, and do pass as amended and re-refer to Com. on HOUSING. (Ayes 11. Noes 1.) (July 1).
6. June 11, 2025Referred to Coms. on JUD. and HOUSING.
7. June 3, 2025In Senate. Read first time. To Com. on RLS. for assignment.
8. June 2, 2025Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 10. Page 1890.)
9. May 27, 2025Read second time. Ordered to third reading.
10. May 23, 2025From committee: Do pass. (Ayes 11. Noes 3.) (May 23).
11. April 23, 2025In committee: Set, first hearing. Referred to suspense file.
12. April 10, 2025Re-referred to Com. on APPR.