[StBernard] St. Bernard DA recuses office from rental suit

[Westley Annis]

Where parish will find counsel is unclear 
 
Wednesday, October 18, 2006 
 
By Karen Turni Bazile
 
The St. Bernard Parish district attorney's office won't represent St.
Bernard Parish government in a federal lawsuit filed by a New Orleans civil
rights organization over a controversial ordinance restricting to whom some
homeowners can rent their homes. 

In a written opinion, District Attorney John F. "Jack" Rowley says
professional conduct rules prohibit lawyers from participating in
proceedings in which they may have "an adverse proprietary interest to the
client." 
 
"Accordingly, in the interest of justice and to avoid any appearance of
impropriety, it is necessary that I recuse this office from representing St.
Bernard," Rowley wrote. 
 
Rowley did not attend Tuesday's Parish Council meeting and could not be
reached for comment. The council discussed the lawsuit in an hourlong
closed-door session with attorneys Alan Abadie, who is parish government's
deputy chief administrative officer, and David Paysee, who handles workers'
compensation lawsuits for the parish. 
Afterward, parish officials would not comment because of the pending
litigation. They took no formal action, and whether they will have to hire
legal representation in the matter was unclear. 
 
The Greater New Orleans Fair Housing Action Center on Oct. 3 filed a federal
lawsuit challenging the council's Sept. 19 rental ordinance. The ordinance
prohibits the owners of single-family homes that had not been rented before
Hurricane Katrina from renting to anyone who is not a blood relative, unless
the owners first receive permission from the council. 
 
The housing group says that because census figures show that the
overwhelming majority of single-family homes in the parish are owned by
white people, the ordinance discriminates against minorities. Saying the
ordinance violates the federal Fair Housing Act, the group has asked a judge
to overturn it. 
 
Some Parish Council members have vowed to fight for the ordinance, saying
the new rental restrictions are designed to promote homeownership. They
worry that without such protection, investors will buy large tracts of
flooded homes, make minimal repairs and rent them to make a quick profit,
thereby depressing property values in traditionally owner-occupied
neighborhoods. They also point out that owners wanting to rent their homes
to nonblood relatives can seek a special permit that must be approved by the
council. 
 
The ordinance passed 5-2, with Councilmen Mark Madary and Lynn Dean
dissenting. 
Later Tuesday, Madary and Councilman Craig Taffaro said they wanted the
council to repeal a March 7 ordinance that banned property owners anywhere
in the parish from renting if their structures were owner-occupied before
Katrina. The repeal is expected to come before the council Nov. 7. 
 
"If you had the right to do it before the storm, you should still have the
right," Madary said. 
 
Councilman Joey DiFatta said the March 7 law was meant to stem a rash of
purchases by out-of-town investors because several officials were afraid the
investors would buy up properties to develop as rentals. 
 
"The more recent (Sept. 19) ordinance better addresses the rentals in
single-family homeowner neighborhoods, so we feel compelled to repeal the
original ordinance," DiFatta said. 
. . . . . . . 
Karen Turni Bazile can be reached at kturni at timespicayune.com or (504)
352-2539.