[StBernard] St. Bernard given OK on rental law

[Westley Annis]

Judge dismisses claims brought by landlords 
Friday, October 31, 2008

By Chris Kirkham


St. Bernard Parish officials can begin enforcing a post-Katrina law meant to
restrict rental properties, after a federal judge dismissed claims that the
law violated the Constitution.



The summary judgment signed last week by U.S. District Judge Sarah Vance
brought an end to a monthslong case that pitted dozens of landlords against
the parish government. 

The 2006 law requires property owners to seek Parish Council approval for
permits to rent single-family homes that were not rentals before Katrina.
The parish has argued that the law was meant to control property values and
keep traditional neighborhoods intact.

But several landlords brought suit against the parish in March, saying the
ordinance violated basic property rights and "uses unreasonable,
intimidating, irrational, oppressive and indefensible methods for
controlling land use."



The parish was under a temporary restraining order from April through
August, which prevented it from seeking fines of up to $250 a day against
violators.



In her final ruling, Vance dismissed the constitutional and unfair business
claims brought by the landlords, many of whom were out-of-state investors
who bought properties after the storm in St. Bernard.



"Here, defendant has stated that its purpose in enacting the ordinance was
to stabilize the housing market in St. Bernard Parish, and to 'encourage
single-family residence owners to return, rebuild, and resume living in the
parish and to reoccupy their homes in already long established
neighborhoods,' " Vance wrote. "This is a rational and permissible basis for
a land use restriction."



Parish President Craig Taffaro said the ruling gives the parish the chance
to enforce the ordinance as was intended from the beginning.



"What we want the public to know is this is an issue we will continue to
support until the market conditions can do what they would normally do, and
that's stabilize," he said.