BILL NUMBER: AB 985	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member De La Torre

                        FEBRUARY 27, 2009

   An act to add Section 782.6 to the Civil Code, relating to real
property.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 985, as introduced, De La Torre. Real property: discriminatory
restrictions.
   Existing law declares that any provision in any deed of real
property in California that purports to restrict the right of any
person to sell, lease, rent, use, or occupy the property to persons
having any specified characteristic, including, but not limited to,
race, color, religion, sex, marital status, national origin,
ancestry, familial status, disability, source of income, or sexual
orientation, by providing for payment of a penalty, forfeiture,
reverter, or otherwise, is void, except as specified.
   Existing law also provides that any deed or other written
instrument that relates to title to real property, or any written
covenant, condition, or restriction annexed or made a part of, by
reference or otherwise, any deed or instrument, that contains any
provision that purports to forbid, restrict, or condition the right
of any person or persons to sell, buy, lease, rent, use, or occupy
the property on account of any of the above-specified
characteristics, shall be deemed to be revised to omit that
provision.
   This bill would require a title insurance company involved in any
transfer of real property that provides a copy of any deed or other
written instrument relating to title to real property, or any written
covenant, condition, or restriction annexed or made a part of, by
reference or otherwise, the deed or instrument, that contains any
provision that purports to forbid, restrict, or condition the right
of any person or persons to sell, buy, lease, rent, use, or occupy
the property on account of any of the above-specified
characteristics, with respect to any person or persons, to cause that
provision to be stricken from the deed or other instrument before
the property is transferred, except as specified.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 782.6 is added to the Civil Code, to read:
   782.6.  (a) A title insurance company involved in any transfer of
real property that provides a copy of a deed or other written
instrument relating to title to real property, or any written
covenant, condition, or restriction annexed or made a part of, by
reference or otherwise, the deed or instrument, that contains any
provision that purports to forbid, restrict, or condition the right
of any person or persons to sell, buy, lease, rent, use, or occupy
the property on account of any basis listed in subdivision (a) or (d)
of Section 12955 of the Government Code, as those bases are defined
in Sections 12926 and 12926.1, subdivision (m) and paragraph (1) of
subdivision (p) of Section 12955, and Section 12955.2 of the
Government Code, with respect to any person or persons, shall cause
that provision to be stricken from the deed or other instrument
before the property is transferred.
   (b) Notwithstanding subdivision (a), with respect to familial
status, subdivision (a) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9 of the Government
Code. With respect to familial status, nothing in subdivision (a)
shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11,
and 799.5, relating to housing for senior citizens. Subdivision (d)
of Section 51 and Section 1360 of this code and subdivisions (n),
(o), and (p) of Section 12955 of the Government Code shall apply to
subdivision (a).