YIMBY Law Prevails in Defending Homes for Unhoused People in Millbrae, CA

San Francisco, CA— YIMBY Law and the County of San Mateo have prevailed in their defense of a plan to purchase a La Quinta Inn & Suites with the intent to convert it into affordable homes for unhoused seniors and families. The County will now be allowed to continue buying the hotel and planning homes for dozens of currently unhoused county residents.

“We’re thrilled to see San Mateo County be allowed to continue its plan,” said Sonja Trauss, Executive Director at YIMBY Law. “Everyone deserves a safe, affordable home, and this project will make that a reality for dozens more people in the county.”

On September 12, 2023, the San Mateo County Board of Supervisors approved the plan to purchase and convert a La Quinta Inn and Suites into affordable housing for unhoused seniors and families. The City of Millbrae sued to block the plan on November 13, 2023. On January 8th, 2024, YIMBY Law answered the suit in defense of the County’s plan.

The City argued that Article 34 of the California Constitution—which passed in 1950 and requires local governments to put projects up for a community vote before developing, buying, or funding “low-rent housing”—should apply. This is due to the City speculating that the County planned to use Project Homekey funding to create the homes.

The court ruled that the City’s case was not ripe—meaning the case was not ready for litigation because it relies on future events that may not occur as anticipated, or may not occur at all—and therefore it could not advise on the subject. The court’s decision outlined that the County had not yet submitted an application for the funding needed to convert the hotel and allow residents to rent the homes. Due to the court’s decision, the County’s purchase of the La Quinta Inn & Suites may continue. Article 34 will not prevent the project from moving forward at this time, as the project does not currently require voter approval.

YIMBY Law will continue to monitor the City of Millbrae’s behavior regarding this project to ensure homes can be created for unhoused seniors and families in San Mateo County. YIMBY Law applauds the County of San Mateo for moving forward with the project and defending it in court.
“This building will benefit the community much more as housing than as a hotel,” said Leora Tanjuatco Ross, California Director at YIMBY Action and YIMBY Law. “Article 34 is a racist scar on our State Constitution and it should not get in the way of the development of these much-needed homes.”