View Full Version : Limitation of Unrelated Persons in Single Family Dwelling?



Midtowner
06-24-2017, 09:08 PM
I've been reading through the Municipal Code to try and answer a question--whether it is permissible under the OKC Municipal Code for 4-5 unrelated individuals to reside in a single-family dwelling in a neighborhood zoned R-1. I'm aware that the CIty of Edmond, for example, doesn't allow more than 3 unrelated persons to reside in the same dwelling. Does OKC have anything like that?

jompster
06-24-2017, 09:55 PM
I'd like to know as well. I know several years ago we had several houses with at least two entire families living in them, and I came home one day and the street was barren. My neighbor told me that code enforcement had been through. At the time I thought it odd that they would do that.

Pete
06-25-2017, 04:34 AM
I looked into this as well and couldn't find anything that would prohibit a decent number of people living in a dwelling in OKC.

I was curious because a house down the street from me has loads of cars all the time and lots of adults coming and going -- no kids.

Found out it was a half-way house through an organization which leases homes directly from property owners then in turn leases to people looking to transition out of various addiction programs. It's all unsupervised and I suppose the idea is they all help support each other rather than being on their own.

I looked at their website and they claimed they have vigorously defended their right to operate such facilities in communities all over the U.S.

With this particular house, there hasn't been any real problems other than a bunch of cars parked all over the place. I believe this particular house is 4 bedrooms with 8 adults living there.

Midtowner
06-25-2017, 06:42 AM
The problem I've been having is the complete lack of lawn maintenance and maintenance to the property in general. They have trees which are poised to start growing into the roof and they have weeds which I report to the city (which every time I do, they seem to get cut the next day). If they live there much longer, that structure is going to have serious problems.

bradh
06-25-2017, 04:56 PM
I looked into this as well and couldn't find anything that would prohibit a decent number of people living in a dwelling in OKC.

I was curious because a house down the street from me has loads of cars all the time and lots of adults coming and going -- no kids.

Found out it was a half-way house through an organization which leases homes directly from property owners then in turn leases to people looking to transition out of various addiction programs. It's all unsupervised and I suppose the idea is they all help support each other rather than being on their own.

I looked at their website and they claimed they have vigorously defended their right to operate such facilities in communities all over the U.S.

With this particular house, there hasn't been any real problems other than a bunch of cars parked all over the place. I believe this particular house is 4 bedrooms with 8 adults living there.

Thats interesting, I just was reading an article about the southern Florida rehab industry scam and was talking about sober houses and how when problems arise the city can't do anything because addiction is protected class when it comes to discrimination in housing...Or something

mkjeeves
06-25-2017, 06:52 PM
I looked into this as well and couldn't find anything that would prohibit a decent number of people living in a dwelling in OKC.

I was curious because a house down the street from me has loads of cars all the time and lots of adults coming and going -- no kids.

Found out it was a half-way house through an organization which leases homes directly from property owners then in turn leases to people looking to transition out of various addiction programs. It's all unsupervised and I suppose the idea is they all help support each other rather than being on their own.

I looked at their website and they claimed they have vigorously defended their right to operate such facilities in communities all over the U.S.

With this particular house, there hasn't been any real problems other than a bunch of cars parked all over the place. I believe this particular house is 4 bedrooms with 8 adults living there.

I learned a hard lesson on renting a house once. I thought I rented a small three bed to a couple. They treated it like an apartment complex and wore it out. If/when I ever rent another house it will be written into the lease the names of people who live there, max number occupants, max number of "guests" and a limit to how long the guests can stay. I vaguely remember those terms written into apartment leases back when I lived in one.

mkjeeves
06-25-2017, 08:10 PM
Oklahoma Fair Housing Act...Familial status is protected. Thus, don't think there would be laws and ordinances saying otherwise.

§25-1452. Discriminatory housing practices - Categories or classes of
persons protected - Jurisdiction of Human Rights Commission.
A. It shall be an unlawful discriminatory housing practice for any
person, or any agent or employee of such person:
1. To refuse to sell or rent after the making of a bona fide
offer, or to refuse to negotiate for the sale or rental of any housing,
or otherwise make unavailable or deny any housing because of race,
color, religion, gender, national origin, age, familial status, or
handicap;

I read number of occupants can be restricted by a lease, but not unreasonably lower than standards for space and facilities.

http://www.nolo.com/legal-encyclopedia/can-i-limit-the-occupants-rental.html

Pete
06-26-2017, 06:46 AM
The organization that operates the facility on my street is Oxford House. They have a dozen or so homes around OKC and all over the country.

I had no idea into I looked into this particular house.

http://www.oxfordhouse.org/userfiles/file/purpose_and_structure.php

From their website:


Q. Don’t zoning laws limit where a group of unrelated individuals can rent a house?

Fortunately, the 1988 Amendments to the Federal Fair Housing Act prohibit discrimination against handicapped individuals. This prohibition requires local governments to make a reasonable accommodation in their zoning laws to enable handicap individuals to effectively deal with their disability.


Q. Are recovering alcoholics, drug addicts and those with co-occurring mental illness really handicapped?

Yes, because alcoholism, drug addiction and mental illness are handicapping conditions. Oxford House, Inc. litigated the issue and in 1995 the United States Supreme Court considered the issue in City of Edmonds, WA v. Oxford House, Inc. et. al. 514 US 725 (1995). In that case the Court found that alcoholics and drug addicts were handicapped within the meaning the law and therefore a protected class requiring that local governments make a reasonable accommodation in zoning laws restricting groups of unrelated persons to live together. Since then courts have found that the same protection applies with respect to fire safety standards and rates charged property owners for property insurance coverage. In fact, Oxford Houses must be treated the same as ordinary families.

HangryHippo
06-26-2017, 06:59 AM
Megyn Kelly's show had an interesting report on "silver homes" last night and the fraud issues accompanying them in Florida.

turnpup
06-26-2017, 01:20 PM
The organization that operates the facility on my street is Oxford House. They have a dozen or so homes around OKC and all over the country.

I had no idea into I looked into this particular house.

http://www.oxfordhouse.org/userfiles/file/purpose_and_structure.php

From their website:

Pete, when we lived in Linwood Place, an Oxford House group of females moved into a long-vacant home on our block. Our neighborhood leadership was told by the city attorney that they could, in fact, occupy the house for the very reason you cited. Homeowners were concerned about the issue, as it was the only home on the block not owned and owner-occupied. The occupation lasted about half a year, if I recall correctly, until the ladies all moved out claiming the "black mold" in the basement was making them sick. The house was eventually sold to a wonderful couple who completely gutted and restored it.