Twilight Zoning in Bellingham: A Whole Lot of Noodle Pushing Goin' On!

Friday, June 27, 2008

A Whole Lot of Noodle Pushing Goin' On!

The point is again missed by the city and the council - that there is a zoning/density issue behind all the unrelated polemics on single family residency. (Click here to read the Herald story on the 23 Jun City Council Meeting.) I have presented this from many angles since last July in this blog as is known by those readers who remain interested in the relevant issues on the subject of illegal rooming houses. Changing the rule from 3-4 does nothing except change a number in the code which is not enforced anyway. Doing away with the definition of family throws into extreme disarray any notion of single family zoning. Because there is no "perfect" solution to the problem (Thank you for this observation, Mr. Stewart) does not mean there is not a good or very good one. Try true enforcement of present codes for once. That might work instead of talking the issue to death.

I am happy to hear from Chief Ramsay that the number of letters sent to landlords this year has dropped, however, that is not a measure of an amelioration of a zoning/density problem. Until the council acts on demanding enforcement, I would not believe anything they or Mr Stewart promise about infill (e.g. the neighborhoods decide "the where") since both (including former Directors of Planning) have allowed illegal infill to take place for the last several decades. The truth is that "the where" is controlled by landlords. Keep that in mind.

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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.