Three Roomates in Violation of Ordinace

[Wrolan]

I live in Lubbock, TX with two of my best friends. We've recently been notified that we are in violation of the city's zoning laws and that we have 30 days to fix it. The ordinance in question states that no more than two unrelated persons may inhabit a single family home. We don't really want to beat the law. We honestly just want buy ourselves some time until the end of the upcoming summer. What options do we have?

 

[HomeGuru]

I live in Lubbock, TX with two of my best friends. We've recently been notified that we are in violation of the city's zoning laws and that we have 30 days to fix it. The ordinance in question states that no more than two unrelated persons may inhabit a single family home. We don't really want to beat the law. We honestly just want buy ourselves some time until the end of the upcoming summer. What options do we have?

**A: post word for word the contents of the letter you got from the City.

 

[Wrolan]

Dear Citizen

You may be unaware that the City has an ordinance governing. Permitted uses in a R-1 SINGLE FAMILY district. The ordinance states as follows:

Section 29-7(c) No use shall be permitted in this district except as provided in this section.

The violation was a s follows: A COMPLAINT HAS STARTED AN INVESTIGATION REGARDING A POSSIBLE ZONING VIOLATION OF THE LUBBOCK ZONING CODE THAT DEFINES "FAMILY" AS "ONE OR MORE PERSON RELATED AND RELATION IS BY BLOOD, MARRIAGE, OR ADOPTION, OR NOT ORE THAN TWO UNRELATED PERSON LIVING AND COOKING TOGETHER AS A SINGLE HOUSEKEEPING UNIT." A RESPONSE FROM THE PROPERTY OWNER AND ALL OCCUPANTS, WITH NOTARIZED COPIES OF DOCUMENTATION OF FAMILY RELATIONSHIP PF THE RESIDENTS, MUST BE MADE NO LATER THAN THIRTY (30) DAYS FROM THE RECEIPT OF THE NOTICE TO THE LUBBOCK POLICE CODE ADMINISTRATION DEPARTMENT. FAILURE TO PROVIDE PROOF AY RESULT IN CITATIONS BEING ISSUED TO ALL OCCUPANTS AND PROPERTY OWNER UNTIL VIOLATION IS CORRECTED.

Regrettably, on 10/5/2011, the above violation was noticed at, home address. I feel certain you will want to correct this violation as soon as possible. However, if after 10 days from the receipt of this letter the violation has not been corrected, the city may pursue legal action.

I would appreciate your prompt attention to this matter. If you have an questions or need more time to address this situation, please contact me at. Thank you for your cooperation, and I look forward to working with you.

 

[LillianX]

I live in Lubbock, TX with two of my best friends. We've recently been notified that we are in violation of the city's zoning laws and that we have 30 days to fix it. The ordinance in question states that no more than two unrelated persons may inhabit a single family home. We don't really want to beat the law. We honestly just want buy ourselves some time until the end of the upcoming summer. What options do we have?

The end of the upcoming summer? So... a year? How long is your lease? Did you just sign it? Who signed it?

 

[Wrolan]

The end of the upcoming summer? So... a year? How long is your lease? Did you just sign it? Who signed it?

My roommate's father owns the house. There is no lease agreement. We just pay rent every month to him.

 

[LillianX]

That's easy enough. One of you has to move out. I suppose you could try to challenge the zoning of the house, and have it changed, but Lubbock is a college town, and I'm sure it was zoned this way on purpose.

 

[Wrolan]

That's easy enough. One of you has to move out. I suppose you could try to challenge the zoning of the house, and have it changed, but Lubbock is a college town, and I'm sure it was zoned this way on purpose.

Thanks for the input.

 

[Free_Advice]

I think that the requirement to provide proof is wishy-washy .. why do you have to prove anything -- they have to prove it.

I would look at the admin. hearing rules and see if you can ask for an extension of time ~ if you simply wish to delay it.


Also, the ordinance requires both living and COOKING together. Eliminate the cooking & you are fine .... do you cook together? If so, have one just live on food obtained outside the house. Then you can file your forms stating that you do not cook together. Its up to them to prove you do.

 

[Zigner]

I think that the requirement to provide proof is wishy-washy .. why do you have to prove anything -- they have to prove it.

I would look at the admin. hearing rules and see if you can ask for an extension of time ~ if you simply wish to delay it.


Also, the ordinance requires both living and COOKING together. Eliminate the cooking & you are fine .... do you cook together? If so, have one just live on food obtained outside the house. Then you can file your forms stating that you do not cook together. Its up to them to prove you do.

Badadvice - just stop. Are you intentionally trying to cause further legal problems for the poster?

 

[Wrolan]

I think that the requirement to provide proof is wishy-washy .. why do you have to prove anything -- they have to prove it.

I would look at the admin. hearing rules and see if you can ask for an extension of time ~ if you simply wish to delay it.


Also, the ordinance requires both living and COOKING together. Eliminate the cooking & you are fine .... do you cook together? If so, have one just live on food obtained outside the house. Then you can file your forms stating that you do not cook together. Its up to them to prove you do.

Thanks for responding, but as for the burden of proof I would think that as of right now it is on us to prove either we are blood related or that we are not more than two unrelated people living and cooking together. For the extension part, they would give us until the end of the semester because at least one of us is enrolled in college at this time. I'm wondering how long we could tie it up in court with proper litigation.

 

[Wrolan]

Badadvice - just stop. Are you intentionally trying to cause further legal problems for the poster?

So if we wanted to live here for another 8-10 months, what would be our best options?

 

[xylene]

I suggest you look at this document.

http://www.wcglaw.net/docs/1092085219_Fundamentals-of-Zoning-2-12-02.PDF


People with better motives than college roommates have fought this law and lost.

 

[Wrolan]

I suggest you look at this document.

http://www.wcglaw.net/docs/1092085219_Fundamentals-of-Zoning-2-12-02.PDF


People with better motives than college roommates have fought this law and lost.

I understand that and have familiarized myself with a few similar court cases. Basically the dilemma we are in is whether or not it is worth it economically to file a petition to fight it, probably lose, but buy time to sell the house and not lose a years worth of rent.

 

[Zigner]

I'm wondering how long we could tie it up in court with proper litigation.

It would be cheaper and easier to simply obey the law...

 

[LillianX]

If you are a Texas Tech student, I suggest you contact your campus legal services: Texas Tech University :: Student Legal Services :: Welcome

This is not an uncommon situation in college towns, where the city gains an enormous economic benefit by the presence of the university, yet seems to do everything they can to make it difficult for students to actually live there. They've surely come across it before, and can advise you on your chances of being permitted to stay.