The City of Torrance is dedicated to promoting inclusivity and continues to make housing available to people of all races, ethnicities, abilities, and backgrounds. As part of the City’s Housing Element, Program 22 offers homeowners resources aimed at promoting the removal of outdated, illegal, or discriminatory restrictions which may still be present in older property records, titles, and grant deeds. 

Background of Racially Restrictive Covenants

"Covenants" refer to private agreements or stipulations included in property deeds and titles. A “Restrictive covenant” is a provision on a Deed, Mortgage, or other recorded instrument that regulates the ownership or use of a parcel of real estate. Traditionally, these agreements have been used to regulate land use, access, or maintenance, such as for shared driveways or utility infrastructure. However, in the early 20th century, amid increasing racial segregation in the United States, property owners and real estate developers began including "racially restrictive covenants" or "racial covenants" in property deeds. These covenants were designed to restrict minority groups from owning property or residing in specific areas. While some covenants employed indirect language to denote “exclusive” or “elite” neighborhoods, others were overtly discriminatory, specifying specific racial or ethnic groups to be excluded. Although such practices are now illegal, remnants of these racial covenants can still be found in property records today. 

Legal History 

Court rulings and legislation which have made racially restrictive covenants illegal in the United States. In 1948, the U.S. Supreme Court, in the case Shelley v. Kraemer, ruled unanimously that racial covenants could no longer be legally enforced, even if they were included in property deeds. In 1968, the Federal Fair Housing Act officially deemed all forms of housing discrimination based on race, religion, national origin, sex, or familial status unconstitutional, thereby rendering racially restrictive covenants invalid. Presently, jurisdictions across California are tasked with collaborating with their communities to eliminate any remaining racial covenants. 

Removing Racial Covenants from Property 

In September 2021, the California Legislature passed Assembly Bill (AB) 1466, which permits property owners, title and escrow companies, county recorders, and real estate professionals to execute a Restrictive Covenant Modification for the removal of racially restrictive covenants from property records.   

Steps for removing Racial Covenants 

1. Submit a Real Estate Records Request 

Request a copy of your Grant Deed from the Los Angeles County Recorder’s website – requests can be made online, via mail, or in-person with an appointment.   

2. Review Records 

Upon receipt of requested records, review for any language which is discriminatory or excludes persons on the basis of race, color, age, religion, gender identity or expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, or source of income.  

3. Submit a Restrictive Covenant Modification Form

If a racial covenant or similarly discriminatory restrictions are found, highlight the unlawful provision(s) on the recorded document and complete the Restrictive Covenant Modification Form found on the Los Angeles County Recorder website. Submit the Restrictive Covenant Modification Form and the highlighted document to the Los Angeles County Recorder.