CA Article 34
An Obstacle to Affordable Housing:
Understanding Article 34 and its adverse impact on low-income housing availability for San Mateo County residents.
What is Article 34?
Article 34 is a California Constitutional provision that requires voter approval before public agencies can develop, construct or acquire low-income housing projects with public funds.
The Challenge
Article 34 is an outdated constitutional barrier to creating affordable housing. For example, Article 34:
Makes it harder to preserve existing affordable homes.
Article 34 can impede a public agency’s ability to buy existing buildings quickly to prevent displacement of lower-income residents.
Can concentrate affordable housing in fewer neighborhoods.
Because Article 34 adds election risk, cities may avoid proposing affordable housing in higher resource areas where opposition is more likely, undermining more balanced access to housing opportunities across all communities.
Discourages 100% affordable projects even when public funds are available.
Article 34 pressures cities to fund mixed-income projects with some higher-income units to avoid triggering an election, making it harder to create fully affordable housing with public dollars.
Adds delay, cost, and uncertainty that can derail projects.
Elections take time, outcomes are unpredictable, and construction costs will rise while projects wait.
California is the only state with this kind of restriction
No other state requires a public vote as a prerequisite to creating publicly funded affordable housing.
Get Informed
Stay informed about Article 34 and how our communities can do better at providing affordable housing for ALL San Mateo County residents.
The Problem
Article 34 is an outdated constitutional barrier to creating affordable housing. For example, Article 34:
Makes it harder to preserve existing affordable homes.
Article 34 can impede a public agency’s ability to buy existing buildings quickly to prevent displacement of lower-income residents.
Can concentrate affordable housing in fewer neighborhoods.
Because Article 34 adds election risk, cities may avoid proposing affordable housing in higher-opportunity areas where opposition is more likely, undermining more balanced access to housing opportunities.
Discourages 100% affordable projects even when public funds are available.
It pressures cities to fund mixed-income projects with some market-rate units to avoid triggering an election, making it harder to create fully affordable housing with public dollars.
Adds delay, cost, and uncertainty that can derail projects.
Elections take time, outcomes are unpredictable, and construction costs can rise while projects wait.