Legal Question in Real Estate Law in Pennsylvania

no more than 3 unrelated persons ordinance

The City of Erie, Pa Zoning board on Oct 9,2008 went door to door delivering violation notices involving no more than 3 unrelated person(s) can occupy and live in a low density R1 dwelling. The city hand delivered these notices to the students living in these ''suspected houses'' in and around Mercyhurst college and other college neighborhoods. Apparently I have been told this ordinance has been part of city of Eries ordinace 80-2005 for numerous years. Although no one in the city can tell me when the law was adopted. Apparently the city is ''caving in'' to enforcing this old outdated ordinance due to a local neighbor watch group claiming that their property values are decreasing due to the influx of college students living in their neighborhoods, and the fact that some of these houses contain unruly college students causing disruptions to their neighborhoods. My question is has laws such as these already been overturned by the Supreme Court. ex: No. 38 / 05-0463

Filed July 27, 2007?


Asked on 10/11/08, 9:54 am

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: no more than 3 unrelated persons ordinance

You asked about a community enforcing an illegal ordinance.

You seem to have the matter covered. If you are one of the affected parties then you should appear at the hearing and make your case. You should also file suit to enjoin the city from enforcing the ordinance.

You could get all the affected students together and approach an attorney about bringing the matter on behalf of all parties.

Regards,

Roger

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Answered on 10/11/08, 12:42 pm


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