ORANGE : City Backs Off Law Limiting Occupancy

The City Council decided Tuesday to back down from an ordinance it initially passed last month that would have limited the number of occupants in city residences.

The turnaround came on the heels of a state appeals court decision that struck down a similar Santa Ana ordinance.

Acting on the advice of City Atty. Robert O. Franks, the council removed the item from its agenda until the state Supreme Court makes a decision on Santa Ana’s appeal. Santa Ana is expected to file an appeal in about three weeks, city officials there said.

Franks said the legal effect of the appellate court decision is to void every overcrowding ordinance adopted by cities statewide, regardless of any differences in the Santa Ana ordinance.

Council members, who voted unanimously to pass the ordinance, said they were disappointed by the 4th District Court of Appeal decision issued May 28 to strike down the Santa Ana law.

“I think it was disappointing because I don’t think they actually understand what’s happening in cities,” Councilwoman Joanne Coontz said.

“We had some shootings at the most overcrowded housing in the city just in the past 24 hours.”

Councilman William G. Steiner said cities are not going to receive help from the state or federal governments in solving the issue of overcrowding and suggested Orange begin its own initiative to take before the voters.

The Orange ordinance was based on a combination of federal Department of Housing and Urban Development standards, a model ordinance drafted by the Apartment Assn. of Orange County, the Santa Ana law and a similar law passed in Dana Point. It would restrict occupancy to no more than two people per bedroom, plus one additional occupant. It would also require that each resident have 120 square feet of living space.