Unenforceable Restrictions on Housing Development Expanded to Any Residential Use

Assmbly Bill 1050 (Schultz) added reciprocal easement agreements to the list of recorded documents in existing law that are unenforceable against the owner of an affordable housing development where the restriction in the recoded document limits the size, number or location of the residences that may be built on the property where an approved restrictive covenant affordable housing modification document has been recorded.

​On September 5th the bill was significantly amended to make unenforceable against a housing development any restriction that prohibits the residential use of the property if an approved restrictive covenant modification document has been recorded. The amended bill did not receive a committee hearing to consider the policy implications of the amendment, and was ultimately passed by the Legislature prior to the end of session. The bill now awaits consideration by the Governor’s office.