Limit on Number in Home Struck Down by Court

In a setback to local lawmakers battling overcrowded housing around California, a state appeals court Thursday struck down a Santa Ana ordinance that imposed limits on the number of people who can live in a housing unit.

A unanimous three-judge panel of the 4th District Court of Appeal criticized Santa Ana for passing square-footage requirements in May, 1991, that essentially permit only five people to live in an average-sized one-bedroom apartment.

“The city may be disheartened that we have invalidated its ordinance, but doing so saves us from having a curbside seat at the parade of horrors which would otherwise ensue,” wrote Presiding Justice David G. Sills.

Letting the ordinance stand “could only result in increased homelessness and exacerbate housing shortages statewide,” the ruling said.

The appeals court said Santa Ana erred by failing to make specific findings that climactic, topographical and geographical factors made it necessary to adopt a tougher occupancy standard than that used by the state of California.