Y.2d at 549-550) The Court cited White Plains (supra) for the proposition that a municipality may not seek to achieve its legitimate objectives of preserving the character of single-family neighborhoods by limiting the definition of "family" to exclude a household which in every sense but a biological one is a single family. The town alleged the house was being used in violation of the single family zoning because the residents were transient and not a family.
"This ordinance, by limiting occupancy of single-family homes to persons related by blood, marriage or adoption or to only two unrelated persons of a certain age, excludes many households who pose no threat to the goal of preserving the character of the traditional single-family neighborhood, such as the households involved in White Plains and Group House, and thus fails the rational relationship test." 66 N. The Court went on to state: "Because the only alternative definition contained in this ordinance..more restrictive, both as to the number of unrelated persons and their ages, than is constitutionality permissible, however, the entire definition of family contained in the ordinance violates our state constitutional guarantee that no person shall be deprived of property without due process of law." 66 N. For a definition of family to be constitutionally permissible, it is necessary to ensure that alternative definitions of family include within them both traditional family units and well-defined non-traditional groups to whom the courts have extended due process protections. S.2d 234 (1989) the Court of Appeals held that it cannot. Under the town code, a family is defined to include those related by blood, marriage or adoption, or not more than 4 unrelated individuals living in a stable, non-transient household.
Courts have carefully looked for some reasonable relationship between the zoning regulation and the goals sought to be achieved by the regulation.
Generally, they first examine the goal sought to be achieved to see if it furthers a legitimate governmental objective.
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.
Møt andre medlemmer som har samme interesser som deg. Når du verifiserer at du er den som du sier du er, kan du starte å sende meldinger til for å finne ut om det er noen interesse. Bare klikk for å sende en flørt eller rask melding og vent tålmodig for at de sender deg et svar. This memorandum discusses the definition in the context of such laws. Supreme Court and many state courts, including our New York Court of Appeals, have examined the question of the definition of family, both in enforcement proceedings and in declaratory judgment actions.ZONING Any successful zoning scheme which purports to create and attain a single-family zoning district must contain a definition of family. This line of family definition cases has followed a very traditional path of analysis."A quiet place where yards are wide, people few, and motor vehicles restricted are legitimate guidelines in a land-use project addressed to family needs," according to the U. For example, in college towns or resort areas, municipalities are often concerned about fraternities and other groups of unrelated college students living together in crowded conditions in single family areas.Such living conditions can cause parking, noise, litter and congestion problems.This task is one which may involve the drawing of some fine legal distinctions. In Baer, the town of Brookhaven charged five (5) unrelated elderly women residing together in a house located in a single family residential zone with violating the town's zoning law, which provided that not more than 4 unrelated persons living and cooking together as a single housekeeping unit could constitute a family. Oxford House accommodated between 5 and 8 transient residents.