Fair Housing Advocates v. City of Richmond Heights, 1:96-CV-1438.
| Decision Date | 24 March 1998 |
| Docket Number | No. 1:96-CV-1438.,1:96-CV-1438. |
| Parties | FAIR HOUSING ADVOCATES ASSN., Plaintiff, v. CITY OF RICHMOND HEIGHTS, et al., Defendants. |
| Court | U.S. District Court — Northern District of Ohio |
R. Todd Hunt, Vincent L. Cheverine, Walter & Haverfield, Cleveland, OH, for City of Richmond Heights, Ohio.
Hilary S. Taylor, John Stephen Kluznik, Sr., Weston, Hurd, Fallon, Paisley & Howley, Cleveland, OH, Alan E. Johnson, Leo R. Ward, Ward & Associates, Cleveland, OH, for City of Warrensville Heights, Ohio.
Alan E. Johnson, Leo R. Ward, Ward & Associates, Cleveland, OH, Patrick Francis Roche, Sr., Davis & Young, Cleveland, OH, for City of Fairview Park, Ohio.
Katherine Louise Lang Bettasso, Charles E. Merchant, City Of Bedford Heights, Department of Law, Bedford Heights, OH, for City of Bedford Heights, Ohio.
This case came on for trial before the Court on March 16, 1998, after the parties waived trial by jury. After hearing the evidence and observing the demeanor of the witnesses, the Court makes the following findings of fact and conclusions of law:
FINDINGS OF FACT
1. This civil action is brought by the plaintiff, Fair Housing Advocates Association ("Fair Housing Advocates"), against defendants City of Bedford Heights ("Bedford Heights"), City of Fairview Park ("Fairview Park"), and City of Warrensville Heights ("Warrensville Heights"). Fair Housing Advocates challenges occupancy ordinances enacted as part of each respective city's Housing Code.
2. The ordinances of defendant municipalities limit the total number of occupants in an apartment on the basis of minimum square footage per person.
3. None of the square footage restrictions in the occupancy ordinances of the defendant municipalities facially discriminate on a familial basis.
4. The City of Bedford Heights, City of Fairview Park and City of Warrensville Heights do not own, operate or rent apartments within their respective municipalities.
5. Each of the defendants' occupancy ordinances identifies that square footage is based on habitable space.
a. The Bedford Heights ordinances define habitable floor area as:
"Habitable room" means a room or enclosed floor space used or intended to be used for living, sleeping or eating purposes, but excludes the following kitchens, bathrooms, toilet rooms, laundries, pantries, dressing rooms, storage spaces, foyers, hallways, utility rooms, boiler rooms, heater rooms, basement recreation rooms, interior rooms not provided with natural light and ventilation, and special purpose rooms shared by more than one dwelling unit.
1387.13 HABITABLE FLOOR AREA DEFINED.
"Habitable floor area" means the floor area in any room in any multiple dwelling, which floor area is to be contained within such multiple dwelling or part thereof, in order to meet the minimum requirements of this Code. No floor area shall be considered habitable unless such area meets the requirements set forth in Section 1383.12.
b. The Fairview Park occupancy ordinance defines "habitable floor area" as Codified Ordinance § 1357.02. The ordinance also provides that "[n]o portion of any room which is less than seven feet in width shall be included in determining habitable floor area." Codified Ordinance § 1357.03(b).
c. The Warrensville Heights occupancy ordinance defines "habitable floor area" as "the floor area in any room in any dwelling, dwelling structure or multiple dwelling, which floor area is required to be contained within such dwelling, dwelling structure or multiple dwelling or part thereof in order to meet the minimum requirements of this Housing Code." Codified Ordinance § 1377.02. The ordinance also provides that "[n]o portion of any room which is less than seven feet in width shall be included in determining the habitable floor area." Codified Ordinance § 1377.02(c).
6. For Bedford Heights, the occupancy ordinance requires 200 square feet of habitable space for the first person and 150 square feet of habitable space for each additional person. Codified Ordinance § 1387.14.
7. For Fairview Park, the occupancy ordinance requires at least 300 square feet of habitable floor area for the first occupant thereof and at least 150 additional square feet of habitable floor area for every additional occupant thereof. Codified Ordinance § 1357.03(d).
8. For Warrensville Heights, the occupancy ordinance requires at least 350 square feet of habitable floor area for the first occupant thereof and at least 100 additional square feet of habitable floor area for every additional occupant thereof. Codified Ordinance § 1377.03(d).
9. For four occupants, Bedford Heights requires a minimum of 650 square feet of habitable space; Fairview Park requires a minimum of 750 square feet of habitable floor area; and Warrensville Heights requires a minimum of 650 square feet of habitable floor area.
10. Fairview Park also has a minimum square footage requirement regarding the occupancy of bedrooms. "Habitable bedroom floor area" is defined as "the sum of the gross horizontal area of each individual bedroom of a dwelling unit." Codified Ordinance § 1357.03(h)(3). The ordinance provides that "[t]he minimal habitable bedroom floor area of a dwelling unit shall be eighty square feet for the first occupant thereof and for each additional occupant fifty square feet." Codified Ordinance § 1357.03(f). In addition, the ordinance defines "bedroom" as "a habitable room designed for sleeping purposes, and which has a minimum habitable floor area of eighty square feet." Codified Ordinance § 1357.03(h)(1).
11. Before enacting the ordinances, none of the municipalities in this action conducted or reviewed studies or reports to determine the existence of overcrowding or what would constitute a reasonable occupancy standard for the respective municipalities.
12. Bedford Heights, Warrensville Heights and Fairview Park were members of Building Officials and Code Administrators (BOCA) at the time of the enactment of their occupancy ordinances.
13. On February 21, 1989, Bedford Heights adopted Ordinance No. 89-28 providing for restrictions of 300 square feet for the first occupant and 200 square feet for each additional occupant as minimum square footage for occupancy in apartments within the city. On September 3, 1991, Bedford Heights amended Ordinance No. 89-28 by the adoption of Ordinance No. 91-15, which reduced the restrictions to 200 square feet for the first occupant and 150 square feet for each additional occupant as minimum square footage requirements in apartments within the city. Ordinance No. 91-15 is the ordinance presently in effect in the City of Bedford Heights.
14. In enacting the 1989 Bedford Heights occupancy ordinance, Building Commissioner John Marrelli was told that the proposed occupancy standard was satisfactory to Owners Management.
15. During consideration of the 1991 amendments to the Bedford Heights ordinance, Building Commissioner Marrelli met with apartment managers and worked out a compromise that all agreed to. Under the 1991 amendments to the Bedford Heights ordinance, more than 80% of two bedroom apartments in major complexes would be limited to three persons.
16. Before the occupancy ordinances, the defendant cities received complaints about overcrowding. Some complaints involved unsupervised children. Some complaints involved overcrowding by adults.
17. Some two-bedroom apartments in Bedford Heights would accommodate four persons under the ordinance restrictions of Ordinance No. 91-59.
18. Bedford Heights laws prohibit more than one family from living in a unit.
19. Bedford Heights occupancy ordinance applies only to multi-family units of two or more units.
20. Some landlords in Bedford Heights follow the occupancy ordinance and limit three in a two bedroom unit. Other landlords do not follow the occupancy ordinance and follow a two-person per bedroom standard. Bedford Heights has taken no efforts to enforce their occupancy standards.
21. The Ohio Apartment Association and the Northeast Ohio Apartment Association officially advocate the position that a two-person per bedroom occupancy standard is appropriate.
22. BOCA has adopted occupancy standards. The current BOCA standard for occupancy is a minimum of 70 square feet of habitable space per person in a bedroom for the first occupant and 50 square feet of habitable space in a bedroom if there are two or more occupants. For three to five occupants, BOCA requires a minimum of 120 square feet in a living room, a minimum of 80 square feet in a dining room, and a minimum of 50 square feet in a kitchen.
23. The current version of the Warrensville Heights occupancy ordinance was adopted by Ordinance No.1989-19, passed by the Warrensville Heights City Council on March 7, 1989.
24. Fairview Park has had an occupancy ordinance since at least 1967. The current version of the Fairview Park occupancy ordinance was adopted by Ordinance No. 89-17 Amended, passed by the Fairview Park City Council on November 6, 1989 and approved by the then Fairview Park Mayor on November 7, 1989.
25. Only one family can live in a rental unit under Fairview Park's occupancy ordinance.
26. The population for each defendant city was: for Bedford Heights, the population was 13,063 in 1970, 13,214 in 1980 and 12,131 in 1990. For Fairview Park, the population was 21,699 in 1970, 19,311 in 1980 and 18,028 in 1990. For Warrensville Heights, the population was 18,925 in 1970, 16,565 in 1980...
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Fair Hous. Adv. v. City of Richmond Heights
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