Spring Break
Enforcement of occupancy law kicks in over break
Amy Robinson
Issue date: 12/11/06 Section: News
Winter break has traditionally been a time of relaxation and a time to transition into the new semester. Some students, however, may find themselves searching for a new place to live -- thanks to a city ordinance that will go into effect Jan. 1.
With the New Year, students unaware of the three-unrelated ordinance may have a "bad surprise," city council member Ben Mavel said.
Although the occupancy limit ordinance, referred to as the three-unrelated ordinance, has been on the books since the 1960s, it was formerly a criminal offense. Now that the law has been changed to a civil offense, the burden of proof has been changed, according to Melissa Emerson the community liaison for Off-Campus Student Services. Basically, the law will be easier to enforce.
How the law works
Landlords and property owners have been informed of three-unrelated and should already have asked tenants to sign a disclosure form upon renting or leasing. This form states that all parties are aware of the ordinance. Should any questions arise, a landlord must present this documentation, Emerson said.
"They (the police) are not proactively looking for people in violation of the ordinance. They want people to be aware that it does exist," she said.
If a neighbor decides to file a complaint, he or she must fill out a formal complaint of the residence in violation of the ordinance. If the neighbor chooses to remain anonymous, a courtesy letter will be sent to the tenants explaining the ordinance.
"If they (neighbors) leave their name, the case will be pursued. They could be asked to testify," Emerson said.
Neighbors may cite several reasons for believing students are in violation of the ordinance, including the number of cars parked outside a residence continually or noise coming from parties.
If the investigation reveals students are in violation of the ordinance, they may ask to go to a hearing, and possibly have to prove, under oath, claims regarding their relationship to other tenants. If students lie on the stand, they could be convicted of perjury, Emerson said.
With the New Year, students unaware of the three-unrelated ordinance may have a "bad surprise," city council member Ben Mavel said.
Although the occupancy limit ordinance, referred to as the three-unrelated ordinance, has been on the books since the 1960s, it was formerly a criminal offense. Now that the law has been changed to a civil offense, the burden of proof has been changed, according to Melissa Emerson the community liaison for Off-Campus Student Services. Basically, the law will be easier to enforce.
How the law works
Landlords and property owners have been informed of three-unrelated and should already have asked tenants to sign a disclosure form upon renting or leasing. This form states that all parties are aware of the ordinance. Should any questions arise, a landlord must present this documentation, Emerson said.
"They (the police) are not proactively looking for people in violation of the ordinance. They want people to be aware that it does exist," she said.
If a neighbor decides to file a complaint, he or she must fill out a formal complaint of the residence in violation of the ordinance. If the neighbor chooses to remain anonymous, a courtesy letter will be sent to the tenants explaining the ordinance.
"If they (neighbors) leave their name, the case will be pursued. They could be asked to testify," Emerson said.
Neighbors may cite several reasons for believing students are in violation of the ordinance, including the number of cars parked outside a residence continually or noise coming from parties.
If the investigation reveals students are in violation of the ordinance, they may ask to go to a hearing, and possibly have to prove, under oath, claims regarding their relationship to other tenants. If students lie on the stand, they could be convicted of perjury, Emerson said.
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