What is the test for establishing a limit on the number of people who can live in a single-family home?

California, United States of America


The following excerpt is from City of Chula Vista v. Pagard, 115 Cal.App.3d 785, 171 Cal.Rptr. 738 (Cal. App. 1981):

"Of course, a community has other legitimate concerns in zoning an area for single-family use including prevention of overcrowding in residences and prevention of traffic congestion. A community which attacks these problems by restricting the composition of a household is using a means not reasonably related [115 Cal.App.3d 798] to the ends it seeks to achieve. See Des Plaines v. Trottner, 34 Ill.2d (432), at 435, 436, 216 N.E.2d (116), at 118. To prevent overcrowding, a community can certainly place a limit on the number of occupants in a household, either in absolute terms or in relation to the available floor space. Indeed, the city of East Cleveland had on

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