California’s Article 34: Local Control Over Low-Income Housing Projects

**Summary of Article 34:**

**California’s Article 34** is a provision added to the California Constitution in 1970 to give local citizens a voice in the development of low-income housing projects. The article requires a majority of the qualified electors in the city, town, or county to approve any low-rent housing project developed, constructed, or acquired by any state public body.

**Key Points:**
– **Purpose:** To ensure local control over low-income housing development.
– **Requirement:** A referendum is mandatory for any low-rent housing project within the guidelines set forth in the article.
– **Legal Challenges:** The article has faced legal challenges, including a district court ruling that it violated the Equal Protection Clause. However, the United States Supreme Court overturned this decision, finding that article 34 did not rest on “distinctions based on race” and that referenda were required for all low-income projects, not just those occupied by racial minorities.
– **Judicial Decisions:** Various court decisions have interpreted the scope of article 34, including cases like Board of Supervisors v. Dolan, which held that low-interest loans to property did not trigger the article 34 referendum requirement.

**Conclusion:**
Article 34 remains a significant mechanism for local control over low-income housing development in California, despite judicial interpretations and limitations. Its purpose is to ensure that local communities have a say in the development of housing projects that affect their communities.