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AB-1050 • 2026

Unlawfully restrictive covenants: housing developments.

Unlawfully restrictive covenants: housing developments.

Education Housing Land
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Schultz
Last action
2025-10-10
Official status
Chaptered by Secretary of State - Chapter 504, Statutes of 2025.
Effective date
Not listed

Plain English Breakdown

The official source does not specify the exact duties of county officials in reviewing and approving modification requests.

Unlawfully Restrictive Covenants: Housing Developments

AB-1050 allows owners to modify restrictive covenants on commercial properties being redeveloped for residential use, provided the modifications comply with state and local housing laws.

What This Bill Does

  • Allows owners of commercial property redevelopment projects to change restrictions on the number, size, or location of residences if these changes fit state and local laws.
  • Includes reciprocal easement agreements in the types of documents that can be modified under this law.

Who It Names or Affects

  • Owners of commercial properties being redeveloped into residential areas
  • County officials who review and approve modification requests

Terms To Know

Affordable Housing Development
A housing project that provides homes for people with lower incomes.
Reciprocal Easement Agreement
An agreement between property owners to share certain rights or responsibilities, like access to a shared driveway.

Limits and Unknowns

  • The bill does not cover developments that do not follow local general plans and zoning laws.
  • It is unclear how much this will change the number of affordable housing units built in California.

Bill History

  1. 2025-10-10 California Legislative Information

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

  2. 2025-10-10 California Legislative Information

    Approved by the Governor.

  3. 2025-09-23 California Legislative Information

    Enrolled and presented to the Governor at 4 p.m.

  4. 2025-09-11 California Legislative Information

    Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 61. Noes 13. Page 3305.).

  5. 2025-09-10 California Legislative Information

    In Assembly. Concurrence in Senate amendments pending.

  6. 2025-09-10 California Legislative Information

    Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 9. Page 2815.).

  7. 2025-09-08 California Legislative Information

    Read second time. Ordered to third reading.

  8. 2025-09-05 California Legislative Information

    Read third time and amended. Ordered to second reading.

  9. 2025-09-03 California Legislative Information

    Ordered to third reading.

  10. 2025-09-03 California Legislative Information

    Action rescinded whereby the bill was read third time, passed, and to Assembly.

  11. 2025-09-03 California Legislative Information

    Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 9. Page 2465.).

  12. 2025-08-29 California Legislative Information

    Read second time. Ordered to third reading.

  13. 2025-08-29 California Legislative Information

    From committee: Do pass. (Ayes 6. Noes 1.) (August 29).

  14. 2025-08-18 California Legislative Information

    In committee: Referred to suspense file.

  15. 2025-07-16 California Legislative Information

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

  16. 2025-07-07 California Legislative Information

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

  17. 2025-07-03 California Legislative Information

    Read second time and amended. Re-referred to Com. on HOUSING.

  18. 2025-07-02 California Legislative Information

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

  19. 2025-06-11 California Legislative Information

    Referred to Coms. on JUD. and HOUSING.

  20. 2025-06-03 California Legislative Information

    In Senate. Read first time. To Com. on RLS. for assignment.

  21. 2025-06-02 California Legislative Information

    Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 12. Page 1874.)

  22. 2025-05-27 California Legislative Information

    Read second time. Ordered to third reading.

  23. 2025-05-23 California Legislative Information

    From committee: Do pass. (Ayes 11. Noes 2.) (May 23).

  24. 2025-04-09 California Legislative Information

    In committee: Set, first hearing. Referred to APPR. suspense file.

  25. 2025-03-28 California Legislative Information

    Re-referred to Com. on APPR.

  26. 2025-03-27 California Legislative Information

    Read second time and amended.

  27. 2025-03-26 California Legislative Information

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (March 25).

  28. 2025-03-17 California Legislative Information

    Re-referred to Com. on JUD.

  29. 2025-03-13 California Legislative Information

    From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  30. 2025-03-10 California Legislative Information

    Referred to Com. on JUD.

  31. 2025-02-21 California Legislative Information

    From printer. May be heard in committee March 23.

  32. 2025-02-20 California Legislative Information

    Read first time. To print.

Official Summary Text

AB 1050, Schultz.
Unlawfully restrictive covenants: housing developments.
Existing law provides that recorded covenants, conditions, restrictions, or private limits on the use of land contained in instruments affecting the transfer or sale of any interest in real property that, among other things, restrict the number, size, or location of the residences that may be built on the property, are not enforceable 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 provided. As part of this process, existing law requires the owner to submit
to the county recorder a copy of the original restrictive covenant and any documents the owner believes necessary to establish that the property qualifies as an affordable housing development and requires the county counsel to determine, among other things, if the property qualifies as an affordable housing development and if a modification document may be recorded. Existing law provides that these provisions do not authorize any development that is not otherwise consistent with local general plans, zoning ordinances, and any applicable specific plan.
This bill would extend those provisions to a housing development that is owned or controlled by an entity or individual that has submitted a development project application to redevelop an existing commercial property, and the
development project includes residential uses permitted by state housing laws or local land use and zoning regulations and would make various conforming changes. The bill would additionally make these provisions applicable to covenants, conditions, restrictions, or private limits contained in a reciprocal easement agreement, as provided, and include instruments affecting the transfer or sale of any interest in real property that prohibits the number, size, or location of residences that may be built on the property or restricts or prohibits the residential uses of the property. The bill would further provide that these provisions do not authorize any development that is not otherwise consistent with state housing laws. 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.

Current Bill Text

Read the full stored bill text
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