Welcome to the new blog portion of my website. I'm going to be discussing issues that arise in code enforcement and invite comments and ideas from you. In today's difficult economic environment, we're all struggling with how to perform our jobs with decreasing resources. We're being confronted with new challenges daily due to the foreclosure crisis (ever try to find a live person to speak with about pipes bursting in subzero weather in a foreclosed house with mold growing so bad the residence can't be salvaged?) In my practice as a municipal prosecutor, I deal with these questions daily. I'm also interested in how effective code enforcement can reduce crime in a community and I will be writing about that issue. While I can't give legal advice on this blog, I will be pointing out interesting cases that may be useful to you.Definition of Family and Zoning Restrictions
The recent case of Armstrong v. Mayor and City Council of Baltimore, 2009 WL 217867, expanded the definition of “single housekeeping unit” to include an apartment with four bedrooms and a common area with kitchen and bath facilities shared by 4 unrelated people, each of whom had a separate lease with the developer. The apartment building was made up of 26 four-bedroom suites. The City contended that the apartments in the building were rooming units but because the ordinance did not have a strict definition of what constituted a single housekeeping unit, the court did not agree. The code provided that a dwelling unit may not be occupied by more than one family. A family was defined as no more than four unrelated individuals who live together. None of the tenants had access to each other’s bedroom. It seems to me that the lack of a clear definition of what constituted a “single housekeeping unit” led the court to make its decision. It highlights how important definitions can be in zoning ordinances. I had a case where the landlord chopped up a single family home into 3 units with a common kitchen. Thankfully, the code was clear enough that he was forced to return the home to its single family character after his appeal was denied. Unless a local government doesn’t mind this type of result, it may want to check the definitions in its zoning code.
Category(ies): Zoning
Interesting article, just found your website today from reference from NYSBOC. I have a similar situation where a landlord had converted a building to two apartments and an office building without permits. When presented with notice of violation he attempted to say it was one apt.leased to one indivdual who had several friends living there. It had two kitchens,two baths,and were on two seperate floors with lockouts to each floor.The property does not meet zoning requirements for three units.