Invalid Restriction. Older documents sometimes have restrictions that limited occupancy to persons related by blood, adoption or marriage. Such restrictions are no longer enforceable. City of Chula Vista v. Pagard (1981) 115 Cal.App.3d 785.

Family Defined. Many municipalities have adopted a broad definition of "family" to include unrelated persons. San Diego's definition is typical:

. . . two or more persons related through blood, marriage or legal adoption . . . or unrelated persons who jointly occupy and have equal access to all areas of a dwelling unit and who function together as an integrated economic unit. (San Diego Mun. Code, §113.0103)

RECOMMENDATION: Before taking action against occupants based on familial status, boards should seek legal counsel.