Bill Text: CA AB1384 | 2023-2024 | Regular Session | Introduced

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Bill Title: Civil rights.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-02-01 - Died at Desk. [AB1384 Detail]

Download: California-2023-AB1384-Introduced.html

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1384

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Introduced by Assembly Member Quirk-Silva

February 17, 2023

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An act to amend Section 53 of the Civil Code, relating to civil rights.

LEGISLATIVE COUNSEL'S DIGEST

AB 1384, as introduced, Quirk-Silva. Civil rights.

Existing law declares that any provision in a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, leasing, or mortgaging of that real property to any person because of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, is void.

This bill would make nonsubstantive changes to those provisions.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 53 of the Civil Code is amended to read:

53.

 (a) Every A provision in a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, leasing, or mortgaging of that real property to any person because of any a characteristic listed or defined in subdivision (b) or (e) of Section 51 is void, and every a restriction or prohibition as to the use or occupation of real property because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void.

(b) Every A restriction or prohibition, whether by way of covenant, condition upon use or occupation, or upon transfer of title to real property, which restriction or prohibition property, that directly or indirectly limits the acquisition, use use, or occupation of that property because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void.

(c) In any action to declare that a restriction or prohibition specified in subdivision (a) or (b) is void, the court shall take judicial notice of the recorded instrument or instruments containing the prohibitions or restrictions in the same manner that it takes judicial notice of the matters listed in Section 452 of the Evidence Code.