The latest volume of the California Real Property Journal includes an article written by G&L partner Barbara Kautz. In “No More Kids! How Overcrowded Schools May Lead to Violations of Fair Housing Laws,” Barb describes how overcrowded schools have led to intense pressure from community members to keep families with school-age children out of their community—in violation of fair housing laws. Facially neutral planning and zoning actions, such as limiting the number of bedrooms or size of units, violate fair housing laws if they are either intended to keep out families with children or have a disparate impact on families. Similarly, communities cannot zone sites to permit senior housing only unless the owner has the intent to construct such housing. The State and communities need to deal with the real problem—overcrowded schools—rather than adopt illegal ordinances intended to keep out children.
To see the full article, click here.