Issue
In response to rising housing costs, a city asked the Attorney General if it would violate anti-discrimination laws by adopting zoning ordinances or issuing conditional use permits to promote the establishment of senior mobilehome parks. The Attorney General determined the city could take such action. (Cal. Atty. Gen. Op. No. 04-704)
Attorney General Opinion
California’s Planning and Zoning Law prohibits a city from taking any action that would, on account of age, deny to an individual or group of individuals the enjoyment of residing in a specified area. (Gov. Code § 65008) However, California’s Mobilehome Parks Act allows cities to establish “senior mobilehome parks.” (Health & Saf. Code § 18300(g)) Acknowledging that these two statutes conflict, the Attorney General nevertheless determined that § 18300 of the Mobilehome Park Act is more specific and controls over the more general § 65008 of the Planning and Zoning Law.
Thus, the Attorney General concluded that “notwithstanding the prohibition against discrimination based upon age contained in the planning and zoning law, a city may adopt a zoning ordinance or issue a conditional use permit that limits a specified parcel of land to use as a mobilehome park for senior citizens pursuant to the terms of Health & Safety Code section 18300, subdivision (g)(1).”
Legal Alert Email Disclaimer
Legal Alerts are published by Kronick Moskovitz Tiedemann & Girard as a timely reporting service to alert clients and other friends of recent changes in case law, opinions or codes. This alert does not represent the legal opinion of the firm or any member of the firm on the issues described, and the information contained in this publication should not be construed as legal advice. Should further analysis or explanation of the subject matter be required, please contact the attorney with whom you normally consult.