Briseno

Under the Uniform Housing Code, adopted pursuant to Health and Safety Code section 17922, subdivision (a)(1), every dwelling unit in this state is required to have at least 1 room with a minimum of 120 square feet of floor area; other habitable rooms are required to have an area of at least 70 square feet; and in any room used for sleeping purposes, “the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of two.” (Uniform Housing Code, § 503, subd. (b) [hereafter referred to as section 503].) So far, so good.

Respondent City of Santa Ana (the City), however, thinks those dimensions are too small and lead to overcrowding. It therefore passed an ordinance (No. NS-2126) increasing the minimum size of the largest room to 150 square feet (a 30-sq.-ft. increase), and requiring 100 square feet for each additional occupant (a 50-sq.-ft. increase). For appellant Ascension Briseno, the new ordinance spelled disaster. Under the Uniform Housing Code, the Briseno family of five could legally dwell in the one-bedroom apartment where they have long resided; under the City’s new ordinance, either one family member would have to leave or the…