Borough Council Moves Forward with Housing Ordinance

The moved forward with an ordinance Wednesday that would eliminate new student housing from being added to sections of the downtown zoned as "Town Center."

"It is incumbent upon us to preserve what we have in the downtown," said council member Jordan Norley.  "We need to preserve the current mix of residents and students that we have."

Council approved the draft of the ordinance on Wednesday.  The issue will be voted on at least one more time before it becomes a law.

The members of council in support of the ordinance said that putting a cap on the number of students living in the downtown is vital to the future health of the town center's development.

"If we don't stop it now, where are we going to be in the next 10 years?  The next 15?  The citizens demand it, and it's what we need," said council president Holly Brown.

Still, council member John Manion described the borough's position on the issue as "myopic."  He doesn't consider the borough's goal of attracting empty-nesters and young professionals as residents as realistic.

"I can't envision empty-nesters or young professionals living across the street from a noisy bar," Manion said.  "I used to live on Gay Street across from a bar, and I found the noise to be unbearable."

Manion, along with council member Tom Paxson, also pointed out that the new ordinance could be unfair to some property owners.

"I have a hard time with the idea of someone telling me I can't rent a property I paid for to whoever I want," Paxson said.  "I think there should be some leeway for small-time landlords who are using one or two rental properties as a way to help feed their families."

Under the new ordinance, current housing that is permitted for students would remain student housing as long as it is rented to students.  However, all newly constructed housing would not allow student renters.

The ordinance could also force current landlords that rent to students to do so forever.  While the language is vague, there is a feasible situation under which a landlord could rent a "student permitted" unit to a non-student and lose the privilege to rent the students.

"It's all about intent," said borough manager Ernie McNeely.  "A landlord can't preserve a right by filling out paperwork.  They need to prove intent."