College Area Renters & Landlord Ass'n v. City of San Diego

College Area Renters and Landlord Association (hereafter, CARLA) obtained a summary judgment in its favor, striking down City of San Diego Municipal Code section 101.0463 (hereafter sometimes referred to as the ordinance). We affirm the summary judgment, premised on our holding that the ordinance violates the equal protection clause of the California Constitution. Although designed to address what is perhaps a legitimate problem of overcrowding of detached dwellings in certain single-family residential neighborhoods, the ordinance makes an irrational distinction between tenant-occupants and owner-occupants of those dwellings.

Factual and Procedural Background

In 1985 residents formed a task force to evaluate the need for regulation due to overpopulation of single-family housing units in certain areas of the city. In 1986, the planning department was directed to conduct a survey to determine the severity of the problems associated with “mini-dorms.” Surveys were randomly sent to residents in targeted areas. The survey instructed residents to answer questions pertaining to whether mini-dorms created a problem in their neighborhood, with mini-dorms defined as follows: “…