When Zoning Law is Just Wrong

Question

Many cities have implemented a law that states "a maximum of three unrelated adults may occupy a dwelling unit".

That means you can't legally rent a huge 5 bedroom, 3 bath house to four students or, say, two gay couples.   Yet this same house can legally have up to twelve related adults with thirteen cars.

Has anyone here ever bumped up against this issue?

A PM in Milwaukee has explained it more thoroughly at landlordpedia.com:
http://www.landlordpedia.com/index.php?title=Municipal_Ordinance_restricting_number_of_unrelated_adults

Kevin Dickson · Answer

Guys, thanks for your responses.

Eric  Blackford, yes, a group of roommates can be a real hassle.  But if you own a 4 bedroom home near a university, it's the reality of your market.

But I think a law like this is a civil rights violation imposed by annoyed neighbors.  Quoting from the landlordwiki:

"the city will ultimately lose a case on the fair housing aspect of this as the federal courts have repeatedly said family status based occupancy ordinances are illegal. The only ordinances that are valid are square footage based."

Steve Babiak · Answer

I have this problem with a few of my rentals.  One area where I am looking for rentals has a limit of TWO unrelated people.

My understanding of this is it stems from behavior in frat houses such as is seen in the movie "Animal House".  Rather than just saying "no frat houses", they came up with this alternative that does not discriminate, and by having it under zoning (usually zoning definition for "single family") it is limited to being very local (thus less likely to get challenged).

Eric Blackford · Answer

Yes, Kevin, we too have that here in Central Florida. I believe it is done to keep houses from being used as rooming houses. With the way that families are fractured these days, with grand parents, parents, children and grand children all living under the same roof sometimes, I will say that it is largely ignored unless there are neighbor complaints.

Looking at it from another point, I simply won't rent to more than two unrelated people because I don't want to get into a "roommate" situation where one tenant is paying rent and the others aren't. I try to keep my single family residences single family if at all possible.

Bill Gulley · Answer

Kevin, it is common, we have had that restriction for about 15 years or so. More common in college towns I guess. That one family wont have 13 cars outside, that is much of the issue.

Dave, I have never heard of the D/As being a protected class under the ADA, but since they are usually court ordered the occupancy is taken care of through a zoning exception, that wouldn't fly here.  :)

Dave Van Horn · Answer

Yes, this is fairly common.  I don't have this problem with my drug & alcohol recovery house though because they're a protected class under fair housing because they are protected as being disabled while in recovery.