Criticism Crowds Out Bergeson’s Occupancy-Limit Bill

A bill that would allow Santa Ana and other cities to reduce overcrowded housing made an inauspicious debut Wednesday as a state Senate committee put off a decision on the measure until next month and asked backers to incorporate better safeguards against discrimination.

The measure, authored by Sen. Marian Bergeson (R-Newport Beach), drew criticism from some members of the Senate Local Government Committee, who said its lack of stated occupancy limits gives leeway to civic leaders eager to evict low-income residents and minorities.

“Without any kind of standard, it’s very difficult to just give unfettered discretion to local bodies,” said Sen. Charles M. Calderon (D-Whittier). “I think all of us agree there will be some cities that will abuse that.”

Bergeson agreed to work with officials from Santa Ana and other cities to establish occupancy guidelines as part of the legislation, which municipal officials have been championing as a way to decrease fire danger in apartments and houses jammed with residents and their belongings. The measure will be heard again April 6.

Current state law allows up to 10 people in a 500-square-foot apartment, but Santa Ana officials would like to see the limit cut roughly in half, reasoning that it would dramatically reduce the fire risk.

“We can strike a happy medium between providing affordable housing and making sure it is safe for people,” Santa Ana Councilman Robert L. Richardson told the committee. “Right now we have a state housing policy that is doing neither of those. It is not producing housing and it is clearly unsafe.”

Santa Ana has been attempting for several years to enact an overcrowding ordinance. The law was declared illegal by a state appellate court in 1992 because it was in conflict with state housing guidelines.

City officials have long argued that overcrowding strains the school system, overloads sewers and burdens police. It also wears down property and gives neighborhoods a blighted appearance, they contend.

Critics argue that a stricter occupancy law would not reduce Santa Ana’s overcrowding problem but would criminalize poor people and prompt landlords to discriminate against large families, many of them Latino.

Housing occupancy limits “are issues that should remain at the state level,” Christine Minnehan of the Western Center on Law & Poverty told the committee members. She also argued that local governments have “many of the tools” they need to ensure that housing remains fire safe.

Despite the delay by the committee, Bergeson and Santa Ana officials remain hopeful the measure will eventually be embraced. “It’s going to be tough,” Bergeson said. “Opposition to this bill is very strong.”