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Bills would ban local restrictions on unrelated roommates
Mitchell Schmidt
Mar. 5, 2015 9:34 pm
Two similar bills working through the Iowa Legislature have the potential to eliminate a neighborhood stabilization tool used by several Iowa communities.
House File 161 and Senate Study Bill 1218 would prohibit city governments from regulating occupancy for a residential property based on the relation of the occupants.
That means ordinances like those in Iowa City and Ames, which limit the occupancy of residences to no more than three unrelated tenants, would be nullified.
Rep. Chip Baltimore, R-Boone, described such ordinances that limit occupancy based on familial relations as discriminatory and against the state's civil rights code.
'The arbitrary nature of determining (occupancy) based on the relationship of the people who live there is nothing more than that - arbitrary,” Baltimore said. 'I have not yet heard a single argument that makes sense in favor of these ordinances.”
Baltimore introduced House File 161 - originally House Study Bill 25 - to the House Judiciary Committee, of which he is chair. The bill is now eligible for consideration on the floor at the majority leader's discretion.
Lobbyists in Ames, Cedar Falls, Des Moines, and Iowa City are against the legislation, according to the Iowa Legislature website, and local officials are keeping a close eye on the bills.
Stan Laverman, Iowa City senior housing inspector, said the bill, which failed in at least the last two legislative sessions, could mean 'serious ramifications” for Iowa City's ordinance.
Passed roughly three years ago, Iowa City's ordinance was part of a much larger neighborhood stabilization effort that included ordinances that also limited the number of bedrooms in new construction to three and added requirements for including parking spaces with new developments. Existing structures were grandfathered in.
Neighborhood stabilization was aimed at reducing the loud parties, parking issues and other disturbances often associated with large multifamily residential units that tend to attract younger tenants.
Jeff Davidson, Iowa City economic development administrator, said the changes have been successful in reducing concerns of urban sprawl into the city's more sensitive neighborhoods.
'I think it would be fair to say it's been helpful to us,” Davidson said.
Ames Mayor Ann Campbell said losing the local ordinance, which was also focused on neighborhood stabilization and limits occupancy to three unrelated tenants, would be a significant hit to the city.
'It would be devastating to communities like ours,” she said.
Campbell said rather than passing a statewide ordinance that blankets all communities, city governments should be able to dictate what works best in their neighborhoods.
If either bill were to pass, Laverman said the city would likely have to rework existing ordinances to find new ways to support neighborhood stabilization goals.
'We don't want to turn the clock back 20 years,” he said.
Rep. Chip Baltimore (R-Boone) talks with Rep. Linda Upmeyer (R-Clear Lake) on the House floor at the Capitol Building in Des Moines on Wednesday, March 12, 2014. (Stephen Mally/The Gazette-KCRG TV9)

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