Racial Covenant Modifications

What are racial covenants?

Discriminatory covenants are conditions written into legal documents such as property records or titles which prohibit individuals from certain races, religions, or backgrounds from owning or occupying the property. While these covenants are no longer enforceable due to U.S. Supreme Court Case Shelley v. Kraemer, a number of these conditions still exist in property documents today. The County of Marin is taking a proactive approach to removing these restrictions from legal documents through their Restrictive Covenant Project. This project aims to place modifications and amendments within the document which alert the public that the restrictions are present but no longer valid.

What can I do to help?

1. Look at Your Title Report. The easiest way to find a restrictive covenant is by looking at a title report that you received when purchasing your site or refinancing. The document should have pages where it lists any liens, easements and restrictions. If there is a document with restrictions or a deed contains restrictions, it should be called out. See this example from the City of San Anselmo where a restrictive covenant is specifically listed. If you do not see any restrictive covenants listed, it is likely that you do not have any racially restrictive covenant recorded for your site. 

2. Obtain A Copy of the Covenant. Any restrictive covenants may be obtained online or in person from the Marin County Recorder’s Office. Contact Planning Department staff if you need help completing the online document order form.

3. Complete the Marin County Recorder’s Office Restrictive Covenant Modification Form. Make a copy of the restrictive covenant document and cross out the specific racial restriction that you want stricken. Bring the completed but unsigned form to a notary for signing and notarization.

4. Deliver the signed and notarized Restrictive Covenant Modification form and the copy of the deed to the Marin County Recorder’s Office in San Rafael. The Recorder will refer the document to Marin County Counsel staff for approval prior to recording.  After approval by County Counsel, the document will be recorded for no fee and returned to you within a few weeks.

5. Add a Welcoming Covenant. An alternative or additional option is to add a covenant with language that acknowledges the racist clause, repudiates the unlawful clause and states instead that neighbors of all races and ethnicities are welcomed with enthusiasm. Richard Rothstein in The Color of Law suggests:

We, [your name], owners of the property at [your address], acknowledge that this deed includes an unenforceable, unlawful, and morally repugnant clause excluding [races, ethnicities] from this neighborhood. We repudiate this clause and are ashamed for our country that many once considered it acceptable, and state that we welcome with enthusiasm and without reservation neighbors of all races and ethnicities.

6. Questions? With any questions on this process, please contact the Marin County Recorders office at (415) 473-6093.

Learn more

To learn more about eliminating racially restrictive covenants in Marin County, please visit the Marin Restrictive Covenant Website or watch this video produced by Marin County’s Public Information Team.