Zakaria

Defendants, owners of the Greenhaven Apartments (Green-haven) in Union City, appeal from a preliminary injunction granted to plaintiffs Saheda Zakaria and her five minor children which restrained defendants from utilizing a policy of permitting no more than four persons to occupy a three-bedroom apartment with respect to rental units made available to persons eligible for “Section 8” housing assistance under the United States Housing Act of 1937. We affirm.

The factual background giving rise to this litigation is not in dispute.

In 1982 Union City (the City) approved a bond issue to finance the development of Greenhaven pursuant to Health and Safety Code section 52075 et seq., which provides for the issuance of revenue bonds to finance the construction or development of multifamily rental housing. The statutory scheme requires a developer to reserve at least 20 percent of the housing units for low and very low income households, which are defined as persons and families whose income does not exceed the qualifying limits for lower income families as established pursuant to section 8 of the United States Housing Act of 1937 (42 U.S.C. § 1437f). (Health & Saf. Code, §§…