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Regular-General Government # 36.
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| Board of Supervisors |
Clerk-Recorder/Assesor/Elections |
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| Subject |
| Receive an update from the Assessor/Clerk-Recorder/Registrar of Voters and the District Attorney on the intention to begin waiving fees relating to the recording of Restrictive Covenant Modifications. (General fund impact $5,100) (Salinas/Reisig) |
| Recommended Action |
| Receive an update from the Assessor/Clerk-Recorder/Registrar of Voters and the District Attorney on the intention to begin waiving fees relating to the recording of Restrictive Covenant Modifications. |
| Strategic Plan Goal(s) |
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Thriving Residents |
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| Reason for Recommended Action/Background |
Prior to 2005 homeowners who found restrictive covenants on their property based on race, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, or ancestry had to apply to the Department of Fair Employment and Housing to have the language voided. In 2005, Assembly Bill 394 changed the process allowing homeowners to, upon verification by County Counsel that the language in the covenants did violate state and federal fair housing laws, record a Restrictive Covenant Modification with the County Recorder. Assembly Bill 394 also stated that the County Recorder "may chose to waive the fee prescribed for recording."
A normally recorded 10 page Restrictive Covenant Modification document would cost the homeowner $126.00. This fee consists of the Recording Fee ($51.00), the District Attorney Fraud Prevention Fee ($10.00) and the SB 2 Building Homes and Job Act Fee ($75.00).
The Assessor/Clerk-Recorder/Registrar of Voters along with the District Attorney are informing the Board of Supervisors of their intent to officially waive the County's Recording Fee and the District Attorney Fraud Prevention Fee which are normally charged to the Restrictive Covenant Modification.
The Board of Supervisors does not have the authority to waive the SB 2 Building Homes and Job Act Fee of $75.00 which would need to be paid at the time of recording. |
| Collaborations (including Board advisory groups and external partner agencies) |
District Attorney
County Administrator |
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| Fiscal Impact |
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| Source of Funds for this Expenditure |
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Explanation (Expenditure and/or Revenue) |
| Further explanation as needed: |
Potential lost revenue due to fee waiver per 100 document estimate::
Assessor/Clerk-Recorder/Elections: $4100.00
District Attorney: $1000.00 |
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