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Housing rule often ignored by students

Only four allowed on leases in town

Sarah Lamorte, Staff Writer

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Published: Monday, June 30, 2008

Updated: Saturday, December 27, 2008

According to Chapel Hill's Town Code, more than four unrelated people cannot live in a Chapel Hill house classified as a single dwelling family unit.

"Related" residents, as defined in the Land Use Management Ordinance, are people related by "blood, adoption, marriage or domestic partnership."

There are many houses in Chapel Hill that could house more than four people, but because of the ordinance, a house rented or bought must follow these guidelines, said David Crescenzo, attorney at law for Carolina Student Legal Services.

That can affect how much rent the landlord charges, especially if the property has more than four bedrooms.

A landlord must divide his or her charged rent among only four residents, and rates might be higher as a result.

A house may have an accessory apartment - "a dwelling or combination of dwellings on a single zoning lot" - or the property may have two single family dwelling units.

In these cases, up to eight unrelated residents would be allowed to live on the same property.

Inspectors in Chapel Hill usually discover residents not abiding by the rule through reports from neighbors, Crescenzo said.

Maggie Bowers, senior code enforcement officer in Chapel Hill, said in an e-mail that she is responsible for responding to such complaints.

"Citizens who call to allege that a single family residence has more than four unrelated occupants typically complain about vehicles being parked in the yards and garbage accumulating near the house or at the curb," Bowers said.

When a complaint is received, the first step "is to inspect the property and attempt to verbally communicate the issues with the occupants," Bowers said. After that, a complaint notice form may be posted on the property.

Once the residents are notified, there is a second inspection in a given period of time. If there are still code violations, the property owner is contacted and given "a deadline to meet to avoid further enforcement measures," Bowers said.

Many students are unaware of this ordinance or choose to violate it, Crescenzo said. He also said a landlord may allow more than four occupants to lease a single family dwelling unit, but there can only be four names listed on the lease.

Lyndsi Ostrow, a 2008 UNC graduate, said she was unaware of the ordinance when she and four other UNC students moved into a Chapel Hill house.

Ostrow said she believes neighbors might have seen more than four people moving in at the beginning of their lease and reported their living situation.

She also said she recognized that neighbors "were scared they would be like residents before," referring to disturbances caused by previous tenants.

Ostrow chose to reside in Carrboro after her lease ended in Chapel Hill since the ordinance only affects housing in Chapel Hill. That way she could live with more than three other unrelated people in her house.

Crescenzo said that the housing restriction might be an inconvenience to landlords and students at times, and that, for the most part, there will always be someone who breaks the rule.

"They've got to draw the line somewhere," Crescenzo said.

Contact the City Editor at citydesk@unc.edu.

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