Residential dating definition

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However, even the inclusion of provision for unrelated persons in the zoning definition of family does not guarantee that it will survive a constitutional challenge. S.2d 128 (1985) found fault with the alternative definition of a "family" as being "[a]ny two (2) persons not related..of whom are sixty-two (62) years of age or over." In a unanimous decision, the Court of Appeals invalidated the definition: "Manifestly, restricting occupancy of single-family housing based generally on the biological or legal relationships between its inhabitants bears no reasonable relationship to the goals of reducing parking and traffic problems, controlling population density and preventing noise and disturbance (citations omitted).

However, even the inclusion of provision for unrelated persons in the zoning definition of family does not guarantee that it will survive a constitutional challenge. S.2d 128 (1985) found fault with the alternative definition of a "family" as being "[a]ny two (2) persons not related..of whom are sixty-two (62) years of age or over." In a unanimous decision, the Court of Appeals invalidated the definition: "Manifestly, restricting occupancy of single-family housing based generally on the biological or legal relationships between its inhabitants bears no reasonable relationship to the goals of reducing parking and traffic problems, controlling population density and preventing noise and disturbance (citations omitted).

After White Plains and Group House, municipalities must define families to include groups of unrelated persons who constitute a family.For example, the City of Poughkeepsie zoning ordinance, in its definition of "family," contains a rebuttable presumption that 4 or more unrelated persons living in a single dwelling do not constitute the functional equivalent of a traditional family. 1994), the Appellate Division upheld the City of Poughkeepsie's definition of "family" against a challenge that it violated the Due Process Clause. Maximum occupancy restrictions cap the number of occupants per dwelling, typically in regard to floor space or the number and type of rooms.The ordinance provides an opportunity for applicants to convince the Zoning Administrator that the group is the functional equivalent of a traditional family. The Court held that it was valid to use a rebuttable presumption to establish which groups of unrelated individuals should be considered a family. These restrictions ordinarily apply uniformly to all residents of all dwelling units.This section addresses the concept of “family” in the context of the New York State Uniform Fire Prevention and Building Code (the “Uniform Code”).The Uniform Code is promulgated by the State Fire Prevention and Building Code Council pursuant to Article 18 of the Executive Law, and is in effect throughout the State (except in New York City).Such living conditions can cause parking, noise, litter and congestion problems.Many local governments, therefore, have enacted restrictive definitions of family within their zoning and building codes, and enforce these provisions against groups who do not meet the "family" definition, in an effort to keep out those who would otherwise cause or contribute to unwanted neighborhood impacts.In so doing, it avoids the constitutional problems associated with defining "family." Maximum occupancy restrictions may be exempt from certain provisions of the Fair Housing Act. On the other hand, rules designed to preserve the family character of a neighborhood, keyed to the composition of household rather than on the total number of occupants living quarters can contain, do not qualify for the exemption.While maximum occupancy restrictions are attractive to many municipalities, a strict quantitative approach may lead to the opposite result from that which the decisions endorse--a stable, single-family area.The factors which must be considered by the Zoning Administrator are whether the group: , 201 A. For those municipalities which have enacted or are considering adopting definitions of family similar to that of the City of Poughkeepsie, this case lends constitutional support to those efforts. Another technique is to correlate the number of occupants to the size of the structure occupied (e.g., by setting a maximum number of persons for a specified floor area, or requiring a given floor area per resident). Their purpose is to protect health and safety by preventing overcrowding.The advantage of such an approach is that it relates population density to house size and does not address the factors of permanence, stability, non-transience, and outward appearance of a family which all the decisions use. These uniform rules are exempt from the provisions of the Fair Housing Act.

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