Twilight Zoning in Bellingham: More on Call to Action

Thursday, July 31, 2008

More on Call to Action - 4 August City Council Meeting

The agenda for the City Council meeting of 4 August has appeared on the City Council web page. Click here to go to the meeting materials page. You can also click on the images above to bring up the agenda bill on the family definition.

We still need your input to the City Council on changing the definition of family. We also ask that you plan to speak your 3 minutes at the public comment period at the beginning of the meeting. Ideally, the Council can decide to go forward now without changing the number from 3 to 4.

The action on the 4th of August will consist of a committee briefing. Since the amendment is of a development regulation it must go through several public hearings. The staff recommendation contains language increasing in the number of unrelated people from 3 to 4, in addition to language including state registered domestic partners. One other change eliminates the use of the phrase “single dwelling unit” and replaces it with the phrase “single housekeeping unit”. Since there is no definition offered of “housekeeping unit”, it is difficult to assess the further import of such a change. The Bellingham Municipal Code is silent on the definition of “housekeeping unit”, therefore, I surmise a definition must be created.

The Washington Administrative Code uses the term “housekeeping unit” but only it in its definition of a "family dwelling unit."

Family dwelling unit. "Family dwelling unit" means the dwelling unit occupied by a single person, any number of related persons, or a group not exceeding a total of eight related and unrelated nontransient persons living as a single noncommercial housekeeping unit. The term does not include a boarding or rooming house.

The City of Boston has adopted this rather wordy definition of “single housekeeping unit”:

A “single housekeeping” unit for the purposes of this section shall mean two or more persons, not so related, but living together as a single housekeeping unit. Persons shall be living as a single housekeeping unit when all members of the housekeeping unit are parties to a common lease or rental agreement that also provides for a period of tenancy common to all members, a common right to use and enjoy the entire dwelling or dwelling unit, despite informal arrangements among members to designate certain areas as individualized sleeping spaces; a single periodic rent payment to the owner or owner’s agent. Additionally, members sharing household living arrangements, including but not limited to, utility payments, groceries and common sanitary, living and cooking supplies and or facilities shall also be an indication that a dwelling or dwelling unit is being occupied as a “single housekeeping unit.”

See you at the City Council meeting on the 4th at 7 pm. Arrive early and sign up for your three minute comment period.

No comments:

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.