Photo credit: Karl Mondon/Bay Area News Group

On June 26, presiding Judge Nancy Fineman dismissed the City of Millbrae’s case against the County of San Mateo. The city had used Article 34 as the basis of the lawsuit, attempting to prevent the county from purchasing the La Quinta Inn in Millbrae and converting it to permanent supportive housing under the state’s successful Project Homekey program. Once the conversion is complete, the former La Quinta Inn will serve as homes for people experiencing or at risk of homelessness. 

California’s Article 34 was passed in 1950 in direct response to the passage of the Federal Housing Act of 1949, which outlawed explicit racial segregation in public housing. The amendment’s proponents campaigned on rhetoric, painting integration and affordable housing as a threat to capitalism in America and stirring fears about “minority pressure groups.” Until voters overturn it, Article 34 will continue to require voter approval for all publicly funded low-income housing and block affordable housing in many areas rich in amenities and resources. These impacts also perpetuate segregation and the state’s racial wealth and homeownership gaps. 

SV@Home submitted a letter in March 2024 to Millbrae’s City Council asking them to withdraw the lawsuit and to the California Department of Housing and Community Development’s Housing Accountability Unit, as we believe the City’s actions were incompatible with a compliant housing element.