AB 1857: Unlawfully restrictive covenants: grocery stores and supermarkets.

Official summary

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

Existing law makes void and unenforceable any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in real property that effectively prohibits or restricts certain land uses, including the installation or use of a solar energy system or construction or use of an accessory dwelling unit or junior accessory dwelling unit on certain lots. Existing law authorizes a person who holds or is acquiring an ownership interest of record in property that the person believes is the subject of an unlawfully restrictive covenant, as specified, to record a restrictive covenant modification document. Before recording the document, existing law requires the county recorder to submit the modification document and the original document to the county counsel, who is required to determine whether the original document contains an unlawful restriction.

This bill would make void and unenforceable against an interested party any covenant, restriction, or condition contained in any deed, contract, security instrument, lease, or other recorded or unrecorded instrument affecting the transfer or sale of any interest in real property that effectively prohibits or restricts the use of that property as a grocery store or supermarket, as defined, if a grocery store or supermarket either previously operated on the property and has ceased operations or is no longer in actual operation within a commercial project or shopping center and an approved restrictive covenant modification document has been recorded in the public record. The bill would entitle an interested party, as defined, to establish that an existing restrictive covenant is unenforceable by submitting a restrictive covenant modification document to the county recorder, in accordance with certain procedures, to allow the grocery store or supermarket development to proceed.

The bill would prohibit a person or entity, beginning on January 1, 2027, from creating or recording any covenant, restriction, or condition contained in any deed, contract, security instrument, lease, or other recorded or unrecorded instrument affecting the transfer or sale of any interest in real property that effectively prohibits or restricts the use of that property as a grocery store or supermarket if a grocery store or supermarket either previously operated on the property and has ceased operations or is no longer in actual operation within a commercial project or shopping center, except as prescribed.

By imposing additional duties on county officials, this bill would impose a state-mandated local program. The bill would include findings and declarations relating to these provisions.

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 5

“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. September 30, 2026Chaptered by Secretary of State - Chapter 901, Statutes of 2026.
2. September 30, 2026Approved by the Governor.
3. September 4, 2026Enrolled and presented to the Governor at 4 p.m.
4. August 27, 2026Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 6711.).
5. August 27, 2026In Assembly. Concurrence in Senate amendments pending.
6. August 26, 2026Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).
7. August 24, 2026Read second time. Ordered to third reading.
8. August 21, 2026Read third time and amended. Ordered to second reading.
9. August 13, 2026Read second time. Ordered to third reading.
10. August 13, 2026From committee: Do pass. (Ayes 7. Noes 0.) (August 13).
11. August 3, 2026In committee: Referred to APPR. suspense file.
12. June 24, 2026From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (June 23). Re-referred to Com. on APPR.