Twilight Zoning in Bellingham: Front and Center Pike and Snapp

Thursday, November 29, 2007

Front and Center Pike and Snapp

For those of you who did not hear Mayor Dan Pike’s inaugural address, urbi et orbi, you can read it by clicking here. During his talk he made several proposals among which was: “Establish Neighborhood Code and Character Task force to develop recommendations for resolving inconsistencies between zoning code and neighborhood character.” This follows, I assume, from his 11 point action plan (see my blog entry of 12 November by clicking here.) . I encourage you to write to him at mayorsoffice@cob.org to remind him that under the rubrics of zoning code and neighborhood character lies the illegal rooming house issue. There is no real growth planning until the city government takes into account illegal rooming houses and their effect on densities. Regrettably, ridding the city of the blight of illegal rooming houses is not a subject appearing on the mayor’s list of immediate goals for 2007 (click here to read the goals). There are several goals regarding waterfront development, which, although an important issue, do not rise to such immediacy when the quality of life in our neighborhoods deteriorates. Would the mayor and the council be as attentive to an existing problem as to a project which will have little effect on the “character of our neighborhoods.”

Unless there are plans to build massive amounts of affordable housing at the waterfront, we need to take care of growth issues first. It is also time to remind our newest council member, Stan Snapp, that, although he did not show much appreciation for the subject of illegal rooming houses during the campaign (see my blog entries here and here) it is time for him to step up to the bar and confront the issue. He says he is for responsible growth, however, much is to be done to reverse the irresponsible infill which has produced the rooming-housification of our neighborhoods. At his council web site (click here to read his statements), he avers that he is prepared to meet challenges, to wit: “revision of current codes to support the Comprehensive Plan and protect the character of each neighborhood.” You can write Stan at SnappCouncil@comcast.net.

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The Rationale for Rental Licensing

There is the definitive experience of cities that have already adopted rental licensing and inspections in the face of exactly the same opposition as we saw in Bellingham over the last decade. Ultimately, each of these cities was proven correct in its resolve to move ahead to protect the safety and health of the renters. We already know that the city of Pasco, WA found that 15% of the units inspected under their program had serious life/safety issues. 10% had mold problems. A full 85% had problems of varying degrees. The city of Gresham, OR performed over 1600 inspections in 2009 and issued, as a result, over 4,000 citations. Lexington, KY performed inspections of units near the University of Kentucky and found that 50% had life/safety issues. Sacramento, CA began an inspection program during which one third of the units inspected had serious safety and health issues. The question why does anyone believe that the condition of rental housing here in Bellingham does not mirror that which is found in cities that have the statistics to show that time and time again the condition of rentals in our cities is problematic? All we have had to date from those who oppose licensing are broad statements by the landlords and their paladins that are completely and utterly unsubstantiated. The Zonemaven has searched in vain for the horror stories that these opponents of licensing and inspections have predicted. On the other hand, The Zonemaven did find over 100 cities that have licensing AND inspections without the catastrophic effect for the rental markets that the landlords would have you believe. (See this blog's sidebar at bottom left for list)

One Reason Illegal Rooming Houses Do Not Work

The limit for unrelated persons at a single family home rental is three residents. Leases are signed by three people who then invite additional renters to join them to lower per capita rental rates. The perverse effect is that rental rates tend to rise under these circumstances making it difficult for single families to rent single family homes. Some local rental agencies facilitate this practice.

"To say that a family is so equivalent to a ragtag collection of college roommates as to require identical treatment in zoning decisions defies the reality of the place of the family in American society, despite any changes that institution has undergone in recent years. Only the most cynical among us would say that the American family has devolved to the point of no greater importance or consideration in governmental decision making than a group of college roommates." (Stegeman v. City of Ann Arbor)

That being said, accommodation ought to be made for protected classes, especially non-traditional unions and group houses for the disabled. These classes are laid out in federal and Washington State law.