To: Board of Supervisors
From: Clerk/Recorder
Agenda Section: Consent
SUBJECT:
title
Restrictive Covenant Modification plan and fee pursuant to AB 1466
end
RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Approve the Clerk/Recorder's Restrictive Covenant Modification Program Plan pursuant to Government Code section 12956.3;
2. Authorize the Clerk/Recorder to charge a fee of $2.00 for the recordation of every real estate instrument, paper, or notice required or permitted by law to be recorded per Government Code 27388.2 for the purpose of funding a restrictive covenant modification program through December 31, 2027;
3. Authorize the Clerk/Recorder to begin collection of the $2.00 fee 30 days after approval for the purpose of developing and implementing a restrictive covenant modification program pursuant to Government Code section 12956.3(a).; and
4. Approve the Budget Adjustment of $100,000 for the Recorder-Record Conversion Budget Unit 1310267 to purchase software to assist in searching and identifying documents, and hire extra help staff to assist with implementation of the project.
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SOURCE OF FUNDING:
Fees collected at time of recording and existing funds in 1310267.
DISCUSSION:
The Clerk/Recorder, as the official custodian of records for the County of Humboldt, is responsible for maintaining real property records. AB 1466 requires the county recorder to establish a restrictive covenant modification program to assist in the redaction of unlawfully restrictive covenants (clauses that mandate housing discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information) which are in violation of subdivision (l) of Government Code Section 12955. This action will enable the County's compliance with State legislation.
Subject to a...
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