Yorktown renting ordinance upheld in recent court ruling

After years of complaints, Yorktown will no longer be home for student renters. A Dec. 22 court ruling could pave the way for further evictions of student renters in Yorktown, where longtime residents have been

After years of complaints, Yorktown will no longer be home for student renters.

A Dec. 22 court ruling could pave the way for further evictions of student renters in Yorktown, where longtime residents have been fighting to get the city to enforce a zoning ordinance written to keep student tenants out the suburban-style neighborhood.

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ABI REIMOLD TTN In Yorktown, a community neighboring Main Campus, a recently upheld zoning ordinance prevents landlords from renting to students.

Barring an appeal, the ruling was the last legal avenue some tenants had to avoid eviction.

The court case arose from the Department of Licenses & Inspections evicting student renters from houses zoned as single-family dwellings, as per a city ordinance proposed by City Councilmember Darrell Clarke, the Democrat representing the fifth district.

In 2004, the so-called Yorktown Overlay was introduced and included specifically limited students from leasing non-owner-occupied housing in the area bordered by 9th and 13th streets and Cecil B. Moore Avenue and Jefferson Street.

Lawyers representing the owners of three Yorktown properties argued the language singling out students was unconstitutional, calling the legislation a “slippery slope.”

But Judge Idee Fox of the Court of Common Pleas defended the ordinance, writing in her ruling, “it is clearly intended to protect the vitality and viability of the Yorktown neighborhood as a unique inner city haven for single families from the harms of unsupervised students living with absentee landlords.”

Samantha Salley, a junior psychology major, said the possibility of being evicted factored into her decision to not renew her lease in June.

“I’d like to live here next year, but I don’t want to risk being kicked out halfway into a semester,” Salley said. “I can see why some of the locals might be annoyed, but I feel sorry for any innocent students who might be evicted.”

“It’s going to be the landlords that have the most to lose,” she added.

Community members seem to hope the court’s findings will lead the L&I to enforce the zoning law across Yorktown. Only eight houses were targeted when residents first petitioned the L&I. Lawyers for SFH Properties LLC, the firm listed as the plaintiff in the case, did not comment.

As of Jan. 7, it was “considering an appeal,” according to the Daily News.

Many Yorktown residents have called the area home for decades; some remember the neighborhood in its infancy.

“We are trying to preserve the community as a single-family area, which is what the developer had in mind when he built the development 50 years ago,” Yorktown Stakeholders’ Committee Secretary Pamela Pendleton-Smith said. “I’ve lived in Yorktown for 28 years. When I lived with my parents … I watched them build Yorktown.”

Pendleton-Smith said residents began having problems with Temple students in the early 2000s, when the university’s growing population drove students to find housing in nearby neighborhoods.

Complaints ranged from students parking in front of driveways to hosting loud, late-night parties. Block captains tried to be accommodating, letting students know when to put out garbage and that they were expected to shovel the walks, but were reportedly unreceptive.

Furthermore, the constant turnover of student renters made long-term residents feel they were fighting an uphill battle: Each year, a new group of students would cycle through and  problems would begin anew.

“I wish someone would orient these students to help them understand that they’re here for only a brief moment, but we’re here all our lives,” Pendleton-Smith said, adding much of Yorktown’s population is elderly.

It was in this mindset residents sought the help of Clarke.

“We thought all along this would be a difficult challenge and there would be a significant push back from a number of developers,” Clarke said in response to Fox’s findings. “The community took the position it had nothing to lose. It was becoming an unbearable situation.”

Residents and Wanamaker alumni are split on the issue — some want the school to continue to serve as a community asset, while others see the residence hall as a way to relieve pressure on the surrounding neighborhoods.

Temple spokesperson Ray Betzner said the dormitory currently under construction at Broad Street and Cecil B. Moore Avenue will help to alleviate some of the tension and that the university will assist evicted Yorktown residents with housing.

Donald Hoegg can be reached at donald.hoegg@temple.edu.

Correction: Landlords who had obtained a student housing permit prior to the ordinance being enacted are still able to rent to Temple students.

3 Comments

  1. I completely understand where the long time residents are coming from.. HOWEVER, I believe that this is completely & utterly illegal in every way, shape, and form.. If they wanted it to be a family-style living, then I suggest they make rules regarding age for renting.. Perhaps make it be a community like ones they have for people over 55 years old. Saying that “students” are not welcome & that you cannot rent due to being a “student” is discrimination.. This is discriminatory because by law: Housing discrimination based on your race, color, national origin, religion, sex, family status, or disability is illegal by federal law.
    Source: http://portal.hud.gov/hudportal/HUD?src=%2Ftopics%2Fhousing_discrimination

    They need to check how they word things, because if I lived in their facility I would be suing them for discrimination.

  2. I really wanted to live out there! It’s a shame they couldn’t set up a program or just make their voices heard to student renters, just leaving them with information would’ve been enough.

    @Michelle: It’s definitely illegal but appealing and taking it higher will probably cost more than landlords are willing to spend for these properties. I wonder if there’s some way to find a mutual understanding with them.

  3. The old, bitter, drug & alcohol abusing, ignorant and racist people living in the Yorktown community make absolutely no sense in their attempt to fight against individuals looking to drop big bucks into their drug ridden, inner city blighted, grocery cart pushing, ghetto. No DECENT family in their right mind would want to reside in North Filthy and the majority of people who live there, only stay because they can’t afford to leave.

    These Yorktown Fools prefer to leave abandoned houses scattered throughout the vicinity and treat COLLEGE STUDENTS as criminals when they allow their own kids & neighbors to rob, steal and sell drugs right out of their own backyards. Black people like myself should be embarrassed by the actions of these Yorktown Fools. I would NEVER raise my children in such a broke down, beat up community. Without Temple, Yorktown would be nothing. This sorry excuse for a community has absolutely no validity and no future and it is only a matter of time before these people rot away and their kids sell their souls, LIBERATING the landscape of lost hope…

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