dumb BR Unified Development Code housing rule deemed unconstitutional | TigerDroppings.com

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90proofprofessional
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dumb BR Unified Development Code housing rule deemed unconstitutional



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A state district court judge ruled that the city-parish’s law forbidding three or more unrelated people from living together in a house is unconstitutional and unenforceable.

Attorney and 2012 candidate for mayor-president Steve Myers sued the city-parish last year over its zoning regulation concerning neighborhoods zoned A-1 residential, which according to the Unified Development Code, must be occupied by a “single family.”

Family is defined in the code as “an individual or two or more persons who are related by blood, marriage or legal adoption living together.”

Myers’ attorneys in January argued in court that the ordinance violates the constitutional rights of privacy, association and equal protection.

They argued that it prevented alternative family structures including foster parenting and gay couples with children from living together.

Most commonly in Baton Rouge, it has prevented three or more college students from being able to rent a house together.

District Court Judge Janice Clark said the language in the UDC is “unconstitutionally vague.”

“The Court further finds there is no rational basis for the definition of family in the code that furthers a state objective of creating kinship networks and families such as same sex relationships, non marital child birth, cohabitation, foster homes, and the like,” she wrote in her ruling








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Politiceaux
LSU Fan
Member since Feb 2009
15632 posts

re: dumb BR Unified Development Code housing rule deemed unconstitutional


Jackpot for Steve. He owns a lot of rental houses.





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doubleb
LSU Fan
Baton Rouge
Member since Aug 2006
6883 posts

re: dumb BR Unified Development Code housing rule deemed unconstitutional


Since it deals with zoning restrictions and subdivision rules and regulations, I think this is a bad ruling.

Nobody is preventing people from living together, they are just trying to prevent a situation that would enable a dozen or so to live in a home without sufficient parking, etc.






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CITWTT
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baton rouge
Member since Sep 2005
31765 posts

re: dumb BR Unified Development Code housing rule deemed unconstitutional


About forty the last time I heard a number, might be more by now.





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90proofprofessional
LSU Fan
Member since Mar 2004
9545 posts

re: dumb BR Unified Development Code housing rule deemed unconstitutional


quote:

they are just trying to prevent a situation that would enable a dozen or so to live in a home without sufficient parking

sounds like something any reasonable parking ordinance should be able to easily fix

zoning rules should be scrutinized more often, they can easily amount to takings imo






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doubleb
LSU Fan
Baton Rouge
Member since Aug 2006
6883 posts

re: dumb BR Unified Development Code housing rule deemed unconstitutional


quote:

sounds like something any reasonable parking ordinance should be able to easily fix zoning rules should be scrutinized more often, they can easily amount to takings imo


People purchse homes and they see the deed restrictions and how they are zones.

If it's zoned residential youassume your neighbor won't be a college fratermity with 12 students living there with 12 cars, etc.

If someone is buying homes on the cheap with the intent of changing them into dwellings for multiple inhabitants then I'm sorry, they shouldn't be allowed to do this.






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90proofprofessional
LSU Fan
Member since Mar 2004
9545 posts

re: dumb BR Unified Development Code housing rule deemed unconstitutional


quote:

they shouldn't be allowed to do this

IYO

not convincing at all to me, unless they're doing something like parking every day in front of my house, which affects my use of my property.

but in that case, restricting this specifically via parking ordinance is the much better way to stop such things than telling people what they can't do with stuff they own.

my neighbors don't own my house. i do.



This post was edited on 4/25 at 11:18 am


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Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
23792 posts

re: dumb BR Unified Development Code housing rule deemed unconstitutional


quote:

Jackpot for Steve. He owns a lot of rental houses.


...and founder of Tiger Rag magazine.






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CITWTT
LSU Fan
baton rouge
Member since Sep 2005
31765 posts

re: dumb BR Unified Development Code housing rule deemed unconstitutional


Read yesterdays metro section about group homes (for Amish youths not in Jetson yet) and the events the nieghborhoods are dealing with the children.





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GetBackToWork
LSU Fan
Member since Dec 2007
1095 posts

re: dumb BR Unified Development Code housing rule deemed unconstitutional


There is a reason we have single family and multi family zoning.

Taking a single family house and allowing four, five, or six tenants to occupy subverts the intent of zoning.

Live next to a house occupied this way, and then say its just a parking issue.






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90proofprofessional
LSU Fan
Member since Mar 2004
9545 posts

re: dumb BR Unified Development Code housing rule deemed unconstitutional


quote:

Live next to a house occupied this way, and then say its just a parking issue.

or you could give me a specific issue that can't be handled directly.

my example was just that, an example. what were you miffed about in particular? noise? kids running unsafe and in your way in the street? you can force homeowners to corral that kind of stuff without telling them how they can use their property

quote:

Taking a single family house and allowing four, five, or six tenants to occupy subverts the intent of zoning.

the "intent of zoning" can often amount to an unjustified taking imo, as i said. so i already realize this and it's part of why i think zoning sometimes goes way too far

eta: that and the fact that zoning boards are an awesome opportunity for corruption and are hard to put in check



This post was edited on 4/25 at 12:25 pm


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Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
23792 posts

re: dumb BR Unified Development Code housing rule deemed unconstitutional


(no message)


This post was edited on 4/26 at 11:01 am


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GetBackToWork
LSU Fan
Member since Dec 2007
1095 posts

re: dumb BR Unified Development Code housing rule deemed unconstitutional


The primary reason for single family zoning is that it promotes an expectation of density. Multi-family recognizes there will be higher traffic and usage patterns within a designated area, by people who often do not operate in like patterns.

A family of five people does not behave in similar manner to a house occupied by 5 non related adults. The notion put forward this is concealed bigotry toward gays or foster children is a canard, btw. Five adults may have five separate set of friends, five significant others, and will operate five vehicles. Their density footprint will be far more noticeable than two parents and three children.

Additionally, there are no provisions that truly protect neighbors from overcrowded houses. If street parking is allowed, you can't complain if there are always cars parked in front of your house. You can't complain merely because someone starts a car at 2:30 in the morning, or arrives at said time with four doors closing. You can't complain when students take a residential house and convert it into a dorm.

There often aren't ordinances to cover houses that are occupied in bad taste. Beer signs in the window, ice chests and sofas out front. Look at the house on Perkins Rd across from Claitors. Sure its a busy street, and not the best example, but what if that house were on the interior? Would you want to live next door?

The attorney pushing this case has an overt self interest that does not lie in preventing discrimination: he simply wants a way around single family zoning. I would be very curious to see how he and other like minded landlords build or renovate. I'm already aware of many who ignore permits and approvals by designing single family homes with multiple utilities, dual mechanical, etc. Some are attorneys. IMO, they should be sanctioned by the Bar for intentionally committing fraud and perverting the law, but that's another story.

If this is all outlawed as discriminatory, than all multi-family standards should be as well.






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dewster
Maryland Fan
Member since Aug 2006
9247 posts

re: dumb BR Unified Development Code housing rule deemed unconstitutional


quote:


If someone is buying homes on the cheap with the intent of changing them into dwellings for multiple inhabitants then I'm sorry, they shouldn't be allowed to do this.


I agree. I carefully made the choice to buy a home as far away from multi-family units for a reason.



This post was edited on 4/26 at 12:53 pm


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GetBackToWork
LSU Fan
Member since Dec 2007
1095 posts

re: dumb BR Unified Development Code housing rule deemed unconstitutional


quote:

quote:

If someone is buying homes on the cheap with the intent of changing them into dwellings for multiple inhabitants then I'm sorry, they shouldn't be allowed to do this.



I agree. I carefully made the choice to buy a home as far away from multi-family units for a reason.



And this is happening. They aren't just buying on the cheap, though. Some are newly built on open lots, others renovated. The work is done with the purpose of making them more desirable for multiple tenants - all separate baths, walls, etc. What is built and what was submitted for a permit is not necessarily the same.

Even better, there is a group of attorneys doing this.






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sacredcow
Member since Dec 2012
56 posts

re: dumb BR Unified Development Code housing rule deemed unconstitutional


There's a rental house of 3-4 (I can't be sure) LSU students 2 doors down from me. The house is, indeed, kind of junky looking- unkept lawn and it does seem to have more than usual traffic at random hours. They have a party every once in a while, but it's infrequent and usually less of a hassle than the guy down the street who has a HUGE party for every LSU sporting event. Between the rental house and mine are my neighbors, who literally could be on an episode of Hoarders. The house is falling down around them... Blue tarp on the roof since Katrina... Appliances in the backyard... carport piled up with rubbish... Screaming and bickering at each other on a regular basis... Well, you've probably seen Hoarders, so you get the picture. Oh, and by the way- they own the house free and clear.

Conclusion: There are no guarantees in life. If I could displace my current neighbors with some college kids at the snap of a finger, I'd do it.






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Mickey Goldmill
LSU Fan
Baton Rouge
Member since Mar 2010
5801 posts

re: dumb BR Unified Development Code housing rule deemed unconstitutional


quote:

The attorney pushing this case has an overt self interest


Do you know what self-interest means? Advocating for his client isn't self-interest. Unless you know something else, that was complete BS.






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GetBackToWork
LSU Fan
Member since Dec 2007
1095 posts

re: dumb BR Unified Development Code housing rule deemed unconstitutional


This isn't being pushed by the guy that ran for mayor who wanted this overturned so that he might better protect rental properties he owns? He is an attorney.





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Mickey Goldmill
LSU Fan
Baton Rouge
Member since Mar 2010
5801 posts

re: dumb BR Unified Development Code housing rule deemed unconstitutional


quote:

This isn't being pushed by the guy that ran for mayor who wanted this overturned so that he might better protect rental properties he owns? He is an attorney.



Yes he is a licensed attorney but he is not representing himself in this case. He is the client. He has other representation.

Perhaps it was just poor wording, but any client obviously has self-interest or they wouldn't be a client in the first place.






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90proofprofessional
LSU Fan
Member since Mar 2004
9545 posts

re: dumb BR Unified Development Code housing rule deemed unconstitutional


quote:

The notion put forward this is concealed bigotry toward gays or foster children is a canard, btw.

probably mostly correct, but who cares
quote:

Five adults may have five separate set of friends, five significant others, and will operate five vehicles. Their density footprint will be far more noticeable than two parents and three children.

i don't care. if you can buy a house, you should have enough sense to know if you're likely to be near an area where this is likely to happen often.

if they're blocking your driveway, having loud parties late at night, letting garbage pile up, or regularly parking in front of your house so that you/your guests can't- these are problems that can be fixed via other, more direct means. but if you don't like seeing them, or their trashy stuff? tough titty, imo.

so you don't want to live near students? maybe you shouldn't buy a house near a school.






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