[StBernard] Council Opposes Renting Property

[Westley Annis]

By: Steve Cannizaro
 
July 10 , 2006
 
Council won't allow homeowners to rent property without special permit
 
People buying a single-family home in St. Bernard Parish and then trying to
rent it could soon need a special permit under a law passed Thursday, July
6, by the Parish Council. 

Some people have already raised the issue of whether the Council can legally
enforce such a code, which would become law if signed by Parish President
Henry "Junior'' Rodriguez.
 
The council approved the new requirement 5-2 at the request of Councilman
Craig Taffaro Jr., who said the measure seeks to maintain the integrity of
single-family neighborhoods for people who are rebuilding from Hurricane
Katrina's devastation. St. Bernard traditionally has been a parish with a
large percentage of owner-occupied homes and the Council would like to
maintain that to protect the stability of the parish, Taffaro said.
 
"If (the new law) is to be tested then let it be tested,'' Taffaro said.

The law says all single-family dwellings to be used as rental property need
a conditional use permit issued by the Parish Council. However, the law is
applicable only to properties sold and not those that stay in the hands of
current owners. "It must go through community development and ultimately
gets approved by the council, just like alcohol and beer permits and permits
for multifamily housing," Taffaro said.
 
Taffaro and council members Judy Hoffmeister, Kenny Henderson, Joey DiFatta
and Tony "Ricky" Melerine voted in favor of the new requirement. Council
Chairman Lynn Dean and Councilman Mark Madary voted against. 

Madary and Dean said the new requirement is unfair to property owners and
will be almost impossible to enforce.
 
"I don't think this is something we can enforce," Madary said. "I think it
makes us feel good. . . . I understand what the fears are. But I can't see
this ordinance standing a legal test, and I do think it does sort of
infringe" on owners' constitutional rights. 
Real estate experts have said it's unclear whether the council has the power
to take a right away from property owners. 
 
Taffaro said the law would be complaint-driven, meaning if a resident
complains that a neighbor has sold property to someone who then uses it as a
rental, the parish would investigate.
 
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