Unlawfully restrictive covenants: housing developments: Palisades Fire.

Education Housing

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Petrie-Norris
Last action: 2025-08-29
Official status: In committee: Held under submission.
Effective date: Not listed

Plain English Breakdown

The bill summary does not provide details on how much extra work this will create for local government officials.

Relaxing Land Use Restrictions After Wildfires

The bill makes it easier to build affordable housing in areas affected by the Palisades Fire and windstorms in January 2025, by relaxing rules that usually limit how land can be used.

What This Bill Does

Makes recorded restrictive covenants unenforceable for affordable housing developments located within a county that has experienced a major wildfire disaster occurring in January 2025.
Requires owners to submit documents to county officials when they want to modify restrictive covenants for affordable housing projects affected by the Palisades Fire and windstorms.

Who It Names or Affects

Owners and developers of affordable housing developments
County officials responsible for recording documents and reviewing modification requests

Terms To Know

Affordable Housing Development: A type of housing project that provides homes at prices people with lower incomes can afford.
Restrictive Covenant: An agreement that limits how land can be used, such as rules about building size or style.

Limits and Unknowns

The bill does not specify what happens if a county is affected by another disaster after the Palisades Fire.
It's unclear how much extra work this will create for local government officials.

Bill History

2025-08-29 California Legislative Information
In committee: Held under submission.
2025-08-18 California Legislative Information
In committee: Referred to suspense file.
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.
2025-07-03 California Legislative Information
Read second time and amended. Re-referred to Com. on HOUSING.
2025-07-02 California Legislative Information
From committee: Amend, and do pass as amended and re-refer to Com. on HOUSING. (Ayes 11. Noes 1.) (July 1).
2025-06-11 California Legislative Information
Referred to Coms. on JUD. and HOUSING.
2025-06-03 California Legislative Information
In Senate. Read first time. To Com. on RLS. for assignment.
2025-06-02 California Legislative Information
Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 10. Page 1890.)
2025-05-27 California Legislative Information
Read second time. Ordered to third reading.
2025-05-23 California Legislative Information
From committee: Do pass. (Ayes 11. Noes 3.) (May 23).
2025-04-23 California Legislative Information
In committee: Set, first hearing. Referred to suspense file.
2025-04-10 California Legislative Information
Re-referred to Com. on APPR.
2025-04-09 California Legislative Information
Read second time and amended.
2025-04-08 California Legislative Information
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 2.) (April 8).
2025-03-25 California Legislative Information
Re-referred to Com. on JUD.
2025-03-24 California Legislative Information
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
2025-03-24 California Legislative Information
Referred to Com. on JUD.
2025-02-24 California Legislative Information
Read first time.
2025-02-22 California Legislative Information
From printer. May be heard in committee March 24.
2025-02-21 California Legislative Information
Introduced. To print.

Official Summary Text

AB 1385, as amended, Petrie-Norris.
Unlawfully restrictive covenants: housing developments:
major wildfire disasters.
Palisades Fire.
Existing law makes specified recorded covenants, conditions, restrictions, or private limits on the use of land contained in specified instruments affecting the transfer or sale of any interest in real property unenforceable 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 specified. As part of this process, existing law requires the owner to submit to the county recorder a copy of the original restrictive covenant, among other documents, and requires the county counsel to determine, among other things, if a modification document may be recorded.
Existing law, the California
Emergency Services Act, authorizes the Governor to proclaim a state of emergency when specified conditions of disaster or extreme peril to the safety of persons and property exist, as specified.
This
section
bill
would expand
these provisions
the provisions making a recorded restrictive covenant unenforceable against the owner of an affordable housing development
to additionally apply to a development located on property that is the subject of a recorded restrictive covenant and is located within a county
that has experienced a major wildfire disaster occurring in January 2025.
subject to the state of emergency declared by the Governor on January 7, 2025, related to the Palisades Fire and windstorm conditions.
The bill would make conforming changes in this regard. 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

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