CaliforniaAB 10502025-2026 Regular SessionHouseWALLET

Unlawfully restrictive covenants: reciprocal easement agreements.

Sponsored By: Nick Schultz (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 3 costs, 0 mixed.

Owners can clear covenants that block homes

You can clear private rules that block housing by recording an approved modification. A “housing development” includes 100% affordable rentals held affordable for 55 years, projects with a filed housing permit, and commercial sites adding homes allowed by law. File the original covenant, required notices, and proof with the county recorder. The recorder has 5 business days to send files to county counsel, and county counsel has 15 days to approve or ask for more. If approved, you may record; it is indexed to the original and usually shares its effective date. After recording, you may mail or publish notice; parties treated as noticed have 35 days to sue. The recorder may charge the standard recording fee. You cannot record if you are only a beneficial owner, or if county counsel says the covenant is not covered or the project is not a housing development. If someone records an unauthorized change, that person, not the county, is liable. If you win a lawsuit after recording, you may recover reasonable attorney’s fees and costs spent after recordation.

What housing rules this law does not change

This law only affects covenants that stop or limit homes, the size or location of homes, or how many people may live there. It does not change rent limits, common‑area fees, or objective design rules that still let the project be built. Recorded covenants, fees, or assessments that were not consistently enforced before construction also stay outside this law. It keeps fair housing and anti‑discrimination protections in full force. It does not override local building codes, general plans, zoning, or specific plans, and projects may still use state and local housing bonuses and incentives. Recorded settlements or conservation agreements that limit density still apply if recorded before January 1, 2022 to mitigate harm or resolve a dispute, or if later approved by a court to protect resources or open space. An easement in a reciprocal easement agreement is not a “restrictive covenant” under this law.

Enforcement if you violate covenant terms

If you use the property in a way that breaks the required limits, the old covenant becomes enforceable again while the violation continues. The city or county may record a notice of violation after giving you notice and a chance to be heard. If you fix the problem, you can apply to have the notice released.

Extra protections for conservation easements

Conservation easements and similar public interests stay protected. Easements held by public entities and comparable recorded interests are excluded. Some nonprofit‑held conservation easements are excluded only if they meet at least one test, like being recorded before January 1, 2022, held by an accredited land trust, funded by government or required mitigation, focused on indigenous cultural resources, or located entirely outside urbanized areas. Before recording any change that affects a conservation easement, the owner must give written notice at least 60 days with project details, and county counsel must confirm notice before recording. Deed restrictions or public access easements a state agency required, and that say so in the record, remain enforceable.

Sponsors & Cosponsors

Sponsor

  • Nick Schultz

    Democratic • House

Cosponsors

  • Cottie Petrie-Norris

    Democratic • House

  • Buffy Wicks

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 235 • No: 51

House vote 9/11/2025

Item 46 — Assembly AFLOOR

Yes: 61 • No: 13

Senate vote 9/10/2025

Item 219 — Senate SFLOOR

Yes: 31 • No: 9

Senate vote 9/3/2025

Item 298 — Senate SFLOOR

Yes: 31 • No: 9

legislature vote 8/29/2025

Vote in CS61

Yes: 6 • No: 1

legislature vote 8/18/2025

Vote in CS61

Yes: 7 • No: 0

legislature vote 7/15/2025

Vote in CS75

Yes: 8 • No: 2

legislature vote 7/1/2025

Vote in CS53

Yes: 11 • No: 2

House vote 6/2/2025

Item 220 — Assembly AFLOOR

Yes: 60 • No: 12

legislature vote 5/23/2025

Vote in CX25

Yes: 11 • No: 2

legislature vote 3/25/2025

Vote in CX13

Yes: 9 • No: 1

Actions Timeline

  1. Chaptered by Secretary of State - Chapter 504, Statutes of 2025.

    10/10/2025Senate
  2. Approved by the Governor.

    10/10/2025legislature
  3. Enrolled and presented to the Governor at 4 p.m.

    9/23/2025legislature
  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 61. Noes 13. Page 3305.).

    9/11/2025House
  5. In Assembly. Concurrence in Senate amendments pending.

    9/10/2025House
  6. Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 9. Page 2815.).

    9/10/2025Senate
  7. Read second time. Ordered to third reading.

    9/8/2025Senate
  8. Read third time and amended. Ordered to second reading.

    9/5/2025Senate
  9. Ordered to third reading.

    9/3/2025Senate
  10. Action rescinded whereby the bill was read third time, passed, and to Assembly.

    9/3/2025Senate
  11. Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 9. Page 2465.).

    9/3/2025Senate
  12. From committee: Do pass. (Ayes 6. Noes 1.) (August 29).

    8/29/2025Senate
  13. Read second time. Ordered to third reading.

    8/29/2025Senate
  14. In committee: Referred to suspense file.

    8/18/2025Senate
  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (July 15). Re-referred to Com. on APPR.

    7/16/2025Senate
  16. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HOUSING.

    7/7/2025Senate
  17. Read second time and amended. Re-referred to Com. on HOUSING.

    7/3/2025Senate
  18. From committee: Amend, and do pass as amended and re-refer to Com. on HOUSING. (Ayes 11. Noes 2.) (July 1).

    7/2/2025Senate
  19. Referred to Coms. on JUD. and HOUSING.

    6/11/2025Senate
  20. In Senate. Read first time. To Com. on RLS. for assignment.

    6/3/2025Senate
  21. Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 12. Page 1874.)

    6/2/2025House
  22. Read second time. Ordered to third reading.

    5/27/2025House
  23. From committee: Do pass. (Ayes 11. Noes 2.) (May 23).

    5/23/2025House
  24. In committee: Set, first hearing. Referred to APPR. suspense file.

    4/9/2025House
  25. Re-referred to Com. on APPR.

    3/28/2025House

Bill Text

  • Chaptered

    10/10/2025

  • Enrolled

    9/15/2025

  • Amended Senate

    9/5/2025

  • Amended Senate

    7/7/2025

  • Amended Senate

    7/3/2025

  • Amended Assembly

    3/27/2025

  • Amended Assembly

    3/13/2025

  • Introduced

    2/20/2025

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