Roswell law tackles boardinghouse trend

BYLINE:    PAUL KAPLAN
DATE: May 12, 2006
PUBLICATION: Atlanta Journal-Constitution, The (GA)
EDITION: Main; The Atlanta Journal-Constitution
SECTION: Metro News
PAGE: E7

In college towns across America, including Athens, laws have been passed that limit the
number of unrelated people who can live together in residential areas.

The idea is to prevent a bunch of college kids, each with a car, a girlfriend and buddies
who can party all night, from disrupting a quiet single-family neighborhood.

Today, those laws are being copied in cities such as Roswell that have no colleges.

What they have is a lot of immigrants, mainly Latinos, who work at low-paying jobs and
try to economize by rooming together in low-priced housing.

It's common to find 10 or more immigrants living in one house, and there have been
reports of 20 living together, or even 30.
That creates the equivalent of boardinghouses in single-family neighborhoods, with
transient men coming and going, sometimes at all hours.

Homeowners are complaining about it, and cities, including several in metro Atlanta, are
responding with laws that impose heavy fines and even jail time for both landlords and
tenants.

The issue has brought the emotional national debate over immigration policy down to
the local level.

"Until the issue of immigration reform is resolved at the federal level, it's going to
continue to create this tension that exists at the local level," said Maritza Pichon,
executive director of the Latin American Association, a social services organization.
Cities can help defuse that tension by bringing Hispanic leaders to the table to explore
solutions before laws are imposed, Pichon said.

Residents and city officials in Roswell say the intent is not to keep out Hispanics or any
other group.
"I don't care who you are or what your race is," said June Fletcher of Roswell. "We're
not judging you based on that. We're just concerned about our property values."

Fletcher lives in Terramont, an east Roswell neighborhood with affordable housing,
which is somewhat rare in the upscale north Fulton city.

Terramont is one of the places that have complained to the city about boardinghouses.
So are Martin's Landing, the city's biggest subdivision with 1,700 homes across
Holcomb Bridge Road from Terramont, and Liberty Square, another affordable
subdivision.
Roswell has responded by drafting a law that would allow no more than three unrelated
people to live together in a single-family home. The penalty for ongoing violations would
be up to six months in jail and a $2,000 fine per day.

The proposed law goes to the city's Planning Commission on Tuesday and then to the
City Council, where it appears to have broad support.

Roswell Mayor Jere Wood knows the measure will be controversial in the immigrant
community, but, he said, "I don't think it will be controversial with council. I've got a
sense that we have a lot of neighborhoods behind it."

Councilman David Tolleson, who heads the Community Development Committee, said
the city has to protect the integrity of single-family neighborhoods by keeping
boardinghouses out.

"It's not at all an effort to be inhospitable to anyone," he said.

Sara Gonzalez, president of the Georgia Hispanic Chamber of Commerce, doesn't buy
it.

"I don't think they're being honest," Gonzalez said. "They are targeting Latinos -- the
flavor of the month."

If cities are sincere about not singling out Hispanics, they should write laws that target
only the landlords, Gonzalez said. "Who calls the shots?" she said. "It's the landlord."

By holding both landlords and tenants responsible, however, the city has more tools to
respond quickly.

And with Georgia's illegal immigrant population having swelled to roughly 400,000,
according to the Pew Hispanic Center, a nonpartisan research organization in
Washington, the boardinghouse situation could worsen in prosperous cities like Roswell,
where work is plentiful.

"It's the transient population we're going to be impacting, and my guess is they're a
fairly mobile group and they'll probably move somewhere else," Wood said. "It's not
going to impact the Latin community that lives in our multifamily dwellings. It's not
going to affect the Latin immigrants who own homes in Roswell. They're welcome
here."

What code enforcers have found in Roswell is "groups of men living together, all
claiming to be cousins," said Bob Hulsey, the assistant city attorney in Roswell, who
wrote the proposed law.

It's not easy to prove that seven guys who don't speak English are not second cousins
from the mountains of Mexico. Roswell isn't going to try.

"What we're trying to do is allow large families to live together, but groups of cousins
are not going to be able to," Hulsey said.
Ralph Perales, an attorney who lives in Roswell and formerly headed the Georgia
Hispanic Bar Association, questions the fairness of the law as proposed.

"What is the difference between four brothers renting a house together and four close
friends?" Perales asked. "Isn't the impact on the community the same?"

Perales thinks the law should target the landlords, who typically know when they're
breaking the law. The tenants often don't, he said.

"Zoning regulations are unfamiliar territory for the Latin community," Perales said.

That should be their problem, not Roswell's, said Alan Schneibaum, a 16-year resident
of Liberty Square.

He said several houses near his have been used as boardinghouses, and he has seen cars
parked on lawns, trash strewn about and a lot of people hanging out.

"I had a neighbor with nine children, and I had no problem with that," Schneibaum said.
"But what I'm seeing is a convention. I live on a cul-de-sac, and it looks like the parking
lot at Turner Field. It's ludicrous."

Graphic

HOW MANY HOUSEMATES?
The number of unrelated people who can live together, by law, in a single-family home:
Roswell (proposed): 3
Duluth: ............3
Athens: ............2
Peachtree City: ....2
Snelllville:........5
Cobb County:........4
Atlanta:............6

UPDATE - JULY, 2006 - ATLANTA JOURNAL ARTICLE

ROSWELL
Law tackles boardinghouses
City will go slow in enforcing new housing rules

BYLINE:    PAUL KAPLAN
Staff
DATE: July 13, 2006
PUBLICATION: Atlanta Journal-Constitution, The (GA)
EDITION: Main; The Atlanta Journal-Constitution
SECTION: NorthSide
PAGE: JH3
Roswell code enforcers now have the ammunition they need to shut down illegal boardinghouses in single-family
neighborhoods. But the city plans to take it slow at first.

The City Council on Monday approved a zoning amendment that allows no more than three unrelated residents in one
single-family home. It will hit hardest in the Spanish-speaking immigrant community, where poor residents in low-paying
jobs try to economize by living together, sometimes in large numbers.

That has created boardinghouses in some single-family neighborhoods, and residents have complained.

Even with the new law, which was approved 5-0 by the council, Roswell's three code enforcers -- a fourth will be added
soon -- won't be roaming the city, looking for violators. In fact, they won't go out at all unless someone complains.

And even then, the city will try to correct the problem before citing anyone.

"We always start with warnings," said Kathleen Field, director of community development, whose department oversees
code enforcement. "We try to educate people about what the ordinance says. They might be unaware."

Violators will be given 30 days to comply with the new ordinance, "and if they need additional time to find a place to live,
we'll try to work with them, within reason," said Vicki Barclay, the city's code enforcement supervisor.

But if the warnings are not heeded, both the landlord and tenants can be hauled into Municipal Court and given up to six
months in jail and a $2,000 fine, per day.

Some Latino advocates have said the law should target only the landlord, because many tenants don't understand the law
or have limited housing options in expensive cities like Roswell.
But the city wanted to be able to move quickly to shut down boardinghouses, and it can be time-consuming to find a
landlord, who might not even live in Georgia.

With the state's illegal immigrant population having swelled to roughly 400,000, the boardinghouse situation could worsen
in prosperous cities like Roswell, where day labor is plentiful.

Morton Shlossman, who lives in Hembree Forest, wonders how the city will enforce the law.
"I think it was passed to be politically correct," Shlossman said. "It's like the 55 mph speed limit on [Interstate] 285. I think
it's unenforceable."

Several cities and counties in metro Atlanta have laws similar to the one Roswell approved. They limit the number of
people living together to anywhere from two to eight.

Roswell's law still allows for large families, including relatives as far removed as grandparents. But it does not count cousins
as relatives, and that will eliminate a dilemma that police and code enforcers were encountering.

It's not easy to disprove that people from another country are cousins, and now the city won't have to. But it also can be
hard to prove closer relationships.

"You have to use your judgment on whether they're telling the truth," Field said. "Neighbors are great sources of
information. And to make them understand that we're watching the premises, that sends a message as well."

Day laborers wait for work across the street from the Frazier Street Apartments in Roswell. Responding to complaints, city
officials have enacted an ordinance that limits the number of unrelated people who can live together.

PHIL SKINNER / Staff