Athens, GA

2003-4

Athens Banner Herald articles and editorials on
rental registration/regulation and ACC's definition of family:

Rental law struck down
Athens Banner-Herald - 18 Feb 2004
...Rental regulation is unconstitutional and prohibited by state law, a Clarke County Superior Court judge ruled Wednesday, as he threw out the local law and barred officials from enforcing it.
Athens-Clarke commissioners approved the rental regulation law in August, requiring renters and landlords to fill out a form that swears to the names and relationships of people who live in a rental house.
The ordinance was meant to give law officers a tool to prosecute rowdy students who pack into rental houses and break other laws against noise and trash.
But by requiring the registration form, the government violates a citizen's Fifth Amendment protection against self-incrimination - in this case, admitting that he or she is breaking the county's Definition of Family law that prohibits more than two unrelated adults from sharing a house in a neighborhood zoned for families.
While Superior Court Judge Lawton Stephens found rental regulation is illegal, he upheld the Definition of Family ordinance, a law he's ruled in favor of twice before...

Rental regulation decision in hands of judge
Athens Banner Herals- 9 Feb 2004
...Attorneys fighting to overturn Athens-Clarke's controversial rental regulations have refined their arguments into four main points, and county attorneys have responded.
The matter now rests with Clarke County Superior Court Judge Lawton Stephens, who must decide whether the local ordinance flies in the face of state and federal laws or whether it legally allows the government to enforce ordinances already on the books.
County commissioners voted twice in 2003 to establish a law to regulate the thousands of rental houses in Athens' single-family neighborhoods and give officers an extra way to enforce laws against over-occupancy, noise and trash offenses...

Both sides air stand on rental ordinance
Athens Banner-Herald - 7 Jan 2004
...as attorneys argued whether the law to protect homeowners unfairly requires renters to divulge personal information, spectators didn't divide themselves into camps.

Instead, they mirrored the way they live in the community: sitting near each other, sharing pleasantries and, only after the debate began, locking their faces into angry frowns...

Delegation rejects rental plea
Athens Banner Herald- 11 Nov 2003
...Athens-Clarke County commissioners made it one of their top priorities for the coming session of the General Assembly, but local legislators said Tuesday that they won't introduce a bill to repeal the law banning registration of rental property...

In Athens apartment dispute, landlords lose a round
Access North Georgia - 7 Nov 2003
...In a legal fight between landlords and local officials in this college town, a judge has ruled that a landlord group must reveal members names to the city...

County has a history of harassing rental regulation opponents 9/24/03
Early in the debate over rental regulations and registration, some Clarke County residents learned the dangers of speaking out.

County pressing ARRPA for info 9/20/03
Attorneys representing Athens-Clarke County want to know the names and addresses of the people who belong to the group that sued the government over rental regulations passed in August.

A-C delays boosting compliance staff 9/10/03
County officials decided to wait to add more enforcement staff, one of the recommendations that came from a recent efficiency audit of the Marshal's Office and enforcement workers in other departments.

Amendment paves way for future changes to definition of family 9/5/03
The Sept. 2 Athens-Clarke Commission meeting marked a victory for individuals and groups who have grown wary of the county government's stepped-up efforts to legislate how people live.

Judge blocks enforcement of rental law 9/4/03
A Clarke County Superior Court judge has temporarily blocked enforcement of a rental regulation ordinance until he can consider a lawsuit challenging the recently approved law.

Family rule revised to help single moms 9/4/03
Two single moms can share a rental house without violating Athens-Clarke County's definition of family law, after commissioners voted Tuesday night to exempt children from the rule.

Landlords fight new ordinance 9/3/03
Clarke County Superior Court Judge Lawton Stephens heard arguments Tuesday for and against an injunction to stop rental regulations passed by Athens-Clarke County commissioners on Aug. 5 and set to go into effect Sunday.

Definition of family may change 9/2/03
Commission to ponder amending ordinance

Rental group amends its lawsuit 8/30/03
Regulation opposition

Stark choice facing many housemates 8/17/03
Move or break the law

County should keep door open regarding rental regulation 8/10/03
When Athens-Clarke County commissioners voted 7-3 to approve the much-debated, oft-altered rental regulation ordinance, many may have thought the journey was over. But sadly, we're nowhere near our destination.

Nelson: Some points to ponder on rental scene 8/10/03
As Athens-Clarke County officials and citizens continue to wrestle with the single-family neighborhood rental regulation concept, some development and economic factors that likely contributed to the conditions prompting the debate are worth reflection.

A-C marshaling forces to put bite in its ordinances 8/10/03
Quality of life: On the lookout for violations

Winders: Today's family portrait bears different look 8/9/03
"Like it or not, we blew up the nuclear family long ago. It's too bad our commissioners are just now deciding to deal with the fallout."

Landlords in no hurry to sign on 8/6/03
Tenants and landlords of the 4,000 rental houses in Athens-Clarke County's single-family neighborhoods will have until early September to sign a document declaring who lives in the home and who is in charge of it.

Rental regulation passes 8/6/03
7-3 vote caps months of debate over ordinance

Questions arise over enforcement 8/5/03
Crowd peppers officials with ordinance concerns

Another long night looming? 8/5/03
Athens-Clarke County commissioners will hunker down for what likely will be a marathon meeting tonight - one that could last into the early morning hours of Wednesday - as they consider a second version of rental regulation and extension of a ban on mobile homes.

A-C vote might give opposition new lease 8/2/03
The commission is scheduled to vote on a list of rental property regulations again Tuesday, ending months of debate on the issue - at least for a while.

Forum: Revised ordinance still treats renters like second-class citizens 7/17/03
Today's Forum was written by Terrell Austin, who has lived in several intown neighborhoods since moving to Athens in 1983.

Revised rental plan gets minor changes 7/17/03
Could become law Aug. 5

Rental revamp backed 7/4/03
Planners support revised ordinance

Audit picks up support 7/8/03
Commissioners want tougher enforcement

Even with revisions rental registration plan remains flawed 7/1/03
Athens-Clarke County has taken its second stab at a rental registration ordinance, unfortunately this revised version still raises issues of privacy protection.

A-C will review new rental plan 7/1/03
A near-identical version of the much-debated rental registration ordinance will be reviewed by Athens-Clarke County planning commissioners this week and could be approved by the Athens-Clarke County Commission as soon as next month.

Marshal's Office audit released 7/1/03
A much-anticipated audit on the operations of the Athens-Clarke County Marshal's Office was released Monday, recommending the hiring of an additional deputy marshal and a new compliance officer.

Marshal's department audit to be released Monday 6/27/03
A much-anticipated audit of the operations of the Athens-Clarke County marshal's department, now nearly three weeks past its original due date, will be released Monday.

A-C agrees to hold off on rental action 6/17/03
No ordinance enforcement as county weighs changes

Rental lawsuit redone 6/10/03
Move to keep case out of federal court

Marshal's office report to be delayed for week 6/9/03
A much-anticipated report on Athens-Clarke County marshal's office operations has been delayed.

A-C lawsuit headed for federal court 6/9/03
A lawsuit filed against Athens-Clarke County challenging a rental registration ordinance is headed for federal court.

Winders: Soap opera of rental issue needs a guiding light 6/7/03
"I don't know what's looking worse this week, my television set or the prospects for rental registration in Athens."

June 18 hearing set on rental ordinance 6/6/03
Judge to hear arguments in suit

Lawyers looking for deal in suit over rental registration 6/5/03
Attorneys on both sides of a lawsuit filed against the county over the newly adopted rental registration ordinance met Thursday to discuss the future of the ordinance.

Rental registration ban now law 6/5/03
A-C ordinance in doubt after Perdue signs bill

State law may protect privacy, but does so at expense of home rule 6/4/03
Gov. Sonny Perdue gave Clarke County renters a reprieve Wednesday and likely signaled the beginning of a new round of fighting over how to curb nuisances in local neighborhoods.

Perdue signs rental registration ban 6/4/03
Gov. Sonny Perdue signed legislation just before 5 p.m. today prohibiting the registration of rental property and calling Athens-Clarke County's newly adopted rental registration into question.

Fate of rental registration hangs in the balance 6/3/03
Perdue promises to take action

'Balance' key to rental plan, Taylor says 6/1/03
Lt. Gov. Mark Taylor may want safe and healthy communities across Georgia. But he's just not certain a rental registration plan is the way to go.

Carabello: Will governor's veto help or hinder rental issues? 5/24/03
Backers of Athens-Clarke County's recently approved rental registration ordinance have been lobbying hard for the governor to veto a bill which would prohibit such an ordinance.

Extra tax revenue boosts budget 5/19/03
Changes made to Mayor Heidi Davison's version of the Athens-Clarke County budget for the coming fiscal year include $175,000 for additional ordinance enforcement staff if a new rental registration ordinance becomes illegal.

Judges recuse themselves from registration lawsuit 5/16/03
Two Clarke County Superior Court judges have recused themselves from hearing a lawsuit against the Athens-Clarke County government claiming that a newly adopted rental registration ordinance is unconstitutional.

Petition urges signing of anti-rental registration bill 5/16/03
An online petition drive aims to convince Gov. Sonny Perdue to sign legislation that would prohibit Athens and other cities from registering tenants or inspecting rental property without a warrant.

Extra staff a concern in rental issue 5/14/03
Just a week after a new rental registration ordinance was adopted, a few Athens-Clarke County commissioners still believe implementation of the program could create an ''army'' of unnecessary governmental positions.

3 take no stand on bill 5/14/03
Three members of the local legislative delegation declined to take a position Tuesday on a bill that could make Athens-Clarke's recently adopted rental registration ordinance irrelevant.

Veto isn't the solution to A-C's horrid rental registration plan 5/13/03
Sonny Perdue has been called some not-so-flattering names since becoming governor, but if he signs into law a bill prohibiting rental registration, some Clarke County residents may bestow a nicer title: savior.

Rental plan hits new snag 5/12/03
A lawsuit filed Monday against the Athens-Clarke County government and six of its county commissioners is part of an emerging resistance to the rental registration ordinance adopted by the commission last week.

Mayor calls for Perdue to veto bill 5/9/03
Rental registration could be banned by legislation

Mayor: I'll sign rental ordinance 5/8/03
''It's been my sense that we've been getting more support than non-support. I plan to sign it.''

Flawed process caught A-C commission in the middle of rental fight 5/7/03
If six Athens-Clarke commissioners were hoping for closure when they voted in favor of a rental registration ordinance, they didn't get it. The fact is no matter which way the commission vote went the results were going to be the same: continued conflict and uncertainty.

State ban not targeting A-C, lobbyists say 5/7/03
Legislation prohibiting cities from requiring rental registration was aimed at stopping Atlanta-area governments, not Athens-Clarke County, according to the lobbyists who pushed it.

Ban on rental registration clears legislature 5/6/03
Local delegation caught unaware

Rental registration ordinance approved despite opposition 5/6/03
Athens-Clarke County commissioners voted 6-4 to approve a controversial rental registration ordinance early Wednesday, despite the barrage of public opposition they have received on the issue in recent weeks.

Policy, public not ready for rental registration decision 5/6/03
At stake is nothing less than the quality of life for renters and homeowners in Clarke County.

Commission tackles rental plan 5/6/03
Athens-Clarke County commissioners took public comment and discussed a controversial rental registration ordinance well into the night Tuesday.

Support for rental plan now wavering 5/5/03
A-C Commission

Forum: Collaborative effort needed on rental plan 5/3/03
Today's Forum was written by Don Carson, an Athens resident, artist, real estate agent and landlord of an owner-occupied rental residence.

Rental vote this Tuesday 5/3/03
If plan approved, lawsuits to follow

Forum: Rental registration will protect neighborhoods from the rotten apples 5/3/03
This Forum was written by Andrew Herod, an Athens resident and president of the Green Acres and Crestwood Association.

Forum: Owner-occupied homes cause most complaints 4/25/03
This Forum was written by Jane Taub, an Athens resident, homeowner and landlord.

Mendenhall: Athens-Clarke government needs to get its nose out of people's homes 4/23/03 The current county ordinance banning more than two unrelated persons living together in the same house is, in my opinion, silly on the face of it. It is practically unenforceable.

Changes better rental registry plan, but time for review needed 4/21/03
By fixing some of the most egregious aspects of its rental registration proposal last week, the Athens-Clarke Commission did the county a huge favor.

McCarter: Sorting myths and facts about rental registration 4/19/03
Today's Forum was written by States McCarter, Athens-Clarke District 8 commissioner

Rental registration gets a new face 4/18/03
A-C Commissioners tweak ordinance prior to May 6 vote

Public comes out in force 4/17/03
Athens-Clarke County commissioners listened to nearly four hours of public comment Tuesday night before discussing the controversial proposed rental registration ordinance aimed at curbing quality-of-life ordinance violations.

Planners pass on rental plan 4/15/03
Planning Commissioner Paul Dellaria: Vote should 'send a message to the mayor and commission'

Forum: Be wary of labeling renters 4/14/03
Today's Forum was written by Martha Mendicino, a long-time Athens resident and writer.

Hoard: Rentals inflated prices in single-family zones 4/13/03
This Forum was written by Kathy Hoard, District 7 Commissioner on the Athens-Clarke County Commission.

Ordinance in A-C stricter than others 4/12/03
An Athens-Clarke ordinance restricting how many unrelated people can live under one roof in single-family neighborhoods is more stringent than the regulations in other college towns.

Planners to review rental registration 4/12/03
The Athens-Clarke County Planning Commission will hold a special called meeting at 5:30 p.m. Tuesday at 120 W. Dougherty St. to discuss the county's proposed rental registration ordinance.

Rental plan: Solution or privacy invasion? 4/12/03
Registration proposal stirs debate

Rental plan on agenda 4/8/03
A-C commissioners seek minor changes

Rental registration program triggering ACLU's interest 4/6/03
Organization concerned over constitutionality of ordinance

Carabello: Policy unfairly targets renters, not nuisances 4/5/03
Renters are not welcome in Athens' neighborhoods. That's the bottom line of the proposed rental registration program being considered by the Athens-Clarke Commission.

Rental plan a hot topic 4/2/03
Registration proposal drawing fire

Fire code may limit crowd at hearing 3/31/03
Athens-Clarke County officials may have to limit the number of people who can attend a Wednesday public hearing on rental registration at the Athens-Clarke County Library auditorium because of fire code restrictions.

Mayor, commission need to be front and center at rental forum 3/30/03
The hot seat now belongs to Mayor Heidi Davison and the commissioners.

Rental plan takes hit in first public hearing 3/4/03
Athens-Clarke County commissioners intend to initiate a rental registration program in coming months, despite a deluge of criticism they received from the public about the proposal Monday.

A-C Commission needs to keep rental registry's costs down 2/18/03
Hoping to provide relief for neighborhoods feeling besieged by poorly maintained rental properties, absentee landlords and unruly tenants, the Athens-Clarke Commission wasted no time before tackling a measure aimed at bringing accountability to the rental market.

'Overdue' A-C ordinance upsetting some 2/16/03
Landlords of rental property in single-family neighborhoods are up in arms over a proposed rental registration ordinance some Athens-Clarke County commissioners are calling ''long overdue.'

Family Definition Blues 8/27/2003
The new rent law has the publisher singing the blues.

Pub Notes Killing The Goose 7/30/2003
Athens has just the right mix to attract the kind of creative work force we want, but we are killing it.

Bang The Drum Slowly 7/16/2003
Enforcing the two-unrelated-person limitation on living arrangements will kill our music community. Here's why.

The Lowdown On Renters 7/9/2003
At last, the perfect solution for enforcing rental regulations in Athens.

Jailhouse Rock 6/18/2003
"We celebrate Athens music with AthFest at the same time that our government is pulling the plug."

Leadership Needed Now 5/21/2003
Will our local government work as designed? ". . .if this issue is to be resolved, the mayor and the super-district commissioners must take the initiative."

It's Not Too Late 5/14/2003
Now's the time to address the flaws in the new rental registration law. "This new law is like a pesticide sprayed on the weeds that also kills the songbirds."

A Rock And A Hard Place 4/30/2003
The proposed rent law pits two constituencies against each other. "The mayor and commission face a political Gordian knot, and they need to be very careful how they cut."

Veritable Bunker Buster of a Rental Law 4/23/2003
"...this is an impossibly vindictive law drawn up to enforce the ridiculously narrow definition of family already on the books, which is a restriction so patently absurd that it can only be enforced by martial law or this new ordinance, whichever is stricter."

Collateral Damage 4/16/2003
"Why not loosen up this Draconian limitation on the number of people who can live together?"

This Week I'm Against It 4/9/2003
"So far we've had a mayor and commission as remote as their predecessors."

Red and Black articles and editorials on
rental registration/regulation and ACC's definition of family:

Registration forms ruled unconstitutional:
Judge's decision a blow to county's rental ordinance
Red and Black - 19 Feb 2004
...A Superior Court judge ruled Wednesday it is unconstitutional for Athens-Clarke County to require landlords to register their tenants to enforce a rental ordinance.

"The very nature of the definition of family ordinance makes it extremely difficult to enforce because it deals with the privacy rights of individuals within the sanctity of their own homes," said Judge Lawton Stephens in his ruling.

The county had sought to enforce a rental regulation ordinance that makes it illegal for more than two unrelated people to live together in single-family zoned neighborhoods.

The ordinance had required landlords to fill out a disclosure form that would indicate whether their tenants were in violation of the ordinance.

The ordinance is still in the county's books, but in compliance with Stephens' ruling, landlords wouldn't have to divulge their tenants' relationships.

The rental registration ordinance has been a source of conflict in the Athens community for several years while county officials try to appease local homeowners without violating citizen's rights.

But the ordinance's requirement of disclosure forms drew the ire of some students, landlords and activists who feared a violation of privacy.

Supporters have said the ordinance is intended to prevent the intrusion of students into family-oriented communities.

Rental injunction delayed 9/4/03
A group of Athens residents secured a major victory Wednesday after a judge ruled against the enforcement of new rental regulations.

State law may conflict with Athens rental ordinance 9/3/03
Gov. Sonny Perdue challenged students Tuesday to take an active stance in regards to the Athens-Clarke County rental law designed to enforce single family zoning.

Rental ordinance undergoes revision 7/3/03
Property owners must no longer pay fees

Drama, Lawsuits Surround New County Rental Ordinance 6/12/03
Athens residents left confused, wary of future renting

Attorney to revise ordinance 4/13/03
A number of changes will be made to a proposed rental registration policy before it is put to a vote by the Athens-Clarke County (ACC) Commissioners May 6.

SGA opposes zoning program 4/2/03
The Student Government Association unanimously passed a resolution Tuesday night opposing the proposed Single-Family Residential Zone Permit Program proposed by the Athens-Clarke County government.

Proposed permits face opposition 4/2/03
Athens residents vocalized vastly different opinions last night at an open forum to discuss a proposed rental permit program.

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