Unlawfully restrictive covenants: housing developments: major wildfire disasters.

Assembly Member Petrie-Norris proposes expanding California's restrictions on certain real estate covenants to include properties in counties affected by major wildfire disasters in January 2025. The legislation builds upon existing law that prevents enforcement of covenants limiting residential development against owners of affordable housing projects.

Under the amended provisions, property owners in wildfire-affected counties could submit modification documents to render unenforceable any deed restrictions that limit the number, size, or location of residences or restrict occupancy. County counsel must review these requests within 15 days to verify eligibility and approve recording by the county recorder. Owners must then notify other parties with interests in the property through certified mail or public notice.

The bill maintains current exemptions for conservation easements, aesthetic design standards, and maintenance fees that have been consistently enforced. It also preserves existing protections for affordable housing and anti-discrimination laws. Local building codes and zoning requirements continue to apply to any development pursued after covenant modification.

To implement these changes, the legislation creates new responsibilities for county officials while allowing them to levy fees to cover associated costs. The bill specifies that no state reimbursement is required since local agencies can fund the mandate through their fee authority.