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Real Property Law

Cal. Real. Prop. Journal 2015, Vol. 33, No. 2

No More Kids! How Overcrowded Schools May Lead to Violations of Fair Housing Laws

By Barbara Kautz

©2015 All Rights Reserved.

I. INTRODUCTION

As cities and counties try to meet the mandates of the State Legislature to "use the powers vested in them to … make adequate provision for the housing needs of all economic segments of the community,"1 they have faced substantial opposition from a growing force: parents and school districts who want city councils and boards of supervisors to plan and zone to exclude families with children from the community because of overcrowded schools. Housing elements2 (the required local housing plan) frequently cite school capacity and overcrowding as a major factor in community opposition to housing.3 For example, before one city council hearing on a housing element, local residents organized a rally in opposition using the motto, "SAVE OUR SCHOOLS."4

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