Unlawfully restrictive covenants: redevelopment of commercial property for residential uses.

Existing law provides that recorded covenants, conditions, restrictions, or private limits on the use of land contained in instruments affecting the transfer or sale of any interest in real property that, among other things, restrict or prohibit the residential uses of the property, are not enforceable against the owner of a housing development if an approved restrictive covenant housing modification document has been recorded in the public record, as provided. As part of this process, existing law requires the owner to submit to the county recorder a copy of the original restrictive covenant and any documents the owner believes necessary to establish that the property qualifies as a…