One year ago, Congress defunded public media. Now that we're 100% community funded, please become a sustaining member or increase your existing membership today.
Racist language may still lurk in your property documents. Here’s how to get rid of it.
The racist DNA of Jim Crow discrimination may be embedded in your housing documents.
The language in housing documents that restricts sale or use of a property only to a person of the white race is called a “restrictive covenant,” and in California the practice goes back to the 19th century and continued into the mid-20th century. While housing discrimination persists, the practice was found unconstitutional in 1948.
California counties are reporting mixed progress in meeting the demands of a 2021 law to excise the language from property records.
According to Sylvia Manzo, deputy recorder in the Orange County Clerk-Recorder’s office, the county finished the job in March of this year, removing racist language from more than 27,000 property documents with the help of computer software.
L.A. County is far from done. It says that with the help of an outside company hired in 2024, 50 million pages will be examined yearly, which would take about 10 years to finish the job.
Public agencies could use the public’s help.
Language examples
Here’s a 1924 example from a property in Bakersfield. The text reads, “That the lands herein conveyed shall never, at any time, be sold to or rented to or occupied by any person not of the white or Caucasian race.”
Or this language from a 1936 document relating to a Costa Mesa property: “That said premises shall not be sold, conveyed, rented, or leased to, or occupied by any person of African, Mexican, or Asiatic descent.”
How to get it taken out
The Restrictive Covenant Modification Form is at the heart of the effort to remove the racist language from housing documents. Each county has its own process. Some charge a fee; others don’t. Some require a notary certification for the signature; others don’t.
L.A. County:
Registrar-Recorder officials recommend these steps:
- Highlight or underline the unlawful provision on the recorded document
- Complete the Restrictive Covenant Modification Form
- Submit the form and the recorded document by email: RCM@rrcc.lacounty.gov or in person at the Norwalk headquarters at 12400 Imperial Highway in Norwalk
- Mail instructions are here.
Orange County:
The Orange County spokesperson says there may be some properties not caught by its software and urges the public to report them. Here’s the form
Riverside County:
Here’s the Riverside County form
San Bernardino County:
Here’s the San Bernardino County form
San Diego County:
Here’s the San Diego County form
Santa Barbara County:
Here’s the Santa Barbara County form
Ignoring the racist language in property documents, some say, reinforces the legacy of segregation, while taking steps to remove restrictive covenant language is a way individuals and organizations can repudiate policies that sought to discriminate.