Zoning laws confuse off-campus housing

Editor;s Note: this story first ran in the Daily Nebraskan on Tuesday, April 13, 2010.

Finding off-campus housing for the new school year can be a daunting process. Students have to worry about rent, space, distance to campus and the safety of the neighborhood. And thanks to a city ordinance more than three decades old, they might also have to worry about whether their new housing violates the law.

Some University of Nebraska-Lincoln students' living arrangements might be in violation of a mid-1970s Lincoln zoning ordinance. The ordinance limits any one unit, apartment or house, to a single family and two unrelated tenants, according to John Boies, chief housing inspector for the city of Lincoln.

In the case of tenants who are not related to one another, as is the case for most student renters, one tenant is counted as the family and the other roommates as unrelated tenants, effectively limiting the occupancy to three.

"(The ordinance) was originally drafted to prevent situations where large groups of people were occupying one structure. They decided that if density was unrestricted in neighborhoods, it could cause problems with parking, noise, parties and things like that," Boies said.

"I believe it stemmed from a situation involving one specific house that held a number of people, and just kept growing basically," he said. "It was creating a problem in the neighborhood, and the ordinance was developed."

Inspection is on a complaint basis only, according to Boies.

"The city doesn't go out to apartment complexes and count occupants," he said. "Inspections result from complaints, and quite often the nature of the complaint is number of cars or parties or whatever other activities."

Complaints are rare, but the ordinance can pose a potential problem for renters unaware of its existence. Violation results in a misdemeanor offense and a maximum fine of $500 or six months in jail for either the tenants, the property owner or both.

It is possible to receive a special permit to house more tenants. But The View apartment complex at 301 W. Charleston St. is currently the only facility in Lincoln to be sanctioned.

"There are a lot of criteria for the permit, including the number of acres, on-site management of so many people, and other requirements that have to be approved through the City Planning Department … It's pretty restrictive," Boies said.

University housing is also exempt, falling outside the city's jurisdiction.

Still, this leaves a number of houses and apartment complexes in violation of the code if they receive a complaint, putting uninformed occupants at risk.

Lincoln apartment complex Chateau Development limits its occupancy per unit to three people in accordance with the ordinance, and the Links at Lincoln, at 375 Fletcher Ave., limits occupancy to two unrelated tenants or three related ones.

However, sophomore news-editorial major Michael Bamesberger currently rents a four-bedroom apartment from Claremont Park Apartments at 1411 N. 9th St. with three other roommates.

"They never said anything (about the zoning ordinance)," Bamesberger said. "We signed four separate leases, and never said anything about being related."

The apartment complex's Web site currently lists available four-bedroom apartments, and Bamesberger said the unit was shopped as being able to fit four tenants.

"If we were to investigate and find a place that wasn't approved to carry more than three unrelated tenants, it would be in violation. But so far there haven't been any complaints (about the complex)," Boies said.

Claremont Park Apartments declined to comment on the issue.

Whether sharing their first house or unwittingly renting an over-occupancy apartment unit, students in search of housing should be aware that they could be liable if a complaint is issued.

"(The View) has the only legal four-tenant units out there right now," Boies said. "Unless something else has slid in since then, that's the only legal setup."
Iansacks@
dailynebraskan.com