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(FAMILY—Any number of individuals living together in a single dwelling…
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FAMILY—Any number of individuals living together in a single dwelling unit related by blood, marriage or adoption; or any number of individuals not related by blood, marriage or adoption living together and who meet the following criteria for a functional and factual family equivalent:
A. The occupants must share the entire dwelling unit. A unit in which the various occupants act as separate roomers cannot be deemed to be occupied by a functional family unit.
B. The household must have stability with respect to the purpose of this Chapter. Evidence of such stability may include the following:
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(2) Proof of the sharing of expenses for food, rent or ownership costs, utilities and other household expenses and sharing in the preparation, storage, and consumption of food.
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(7) A showing that the household has been living together as a unit for a year or more, whether in the current dwelling unit or other dwelling units.
(8) Any other factor reasonably related to whether or not the group or persons is the functional equivalent of a family.
C. A group of individuals living in the same dwelling unit shall be presumed not to be a functional family unit, as defined in this section, if such dwelling unit contains four or more college students over the age of 16 years.
(1) A college student is a person who attends, at least half time, any college, university, or other institution authorized to confer degrees by the State of New York.
(2) For the purpose of this presumption, minor dependent children of any other member of the household shall be excluded in calculating the number of college students in the household.
D. A group of individuals living together in the same dwelling unit shall be presumed not to be a functional family unit, as defined in this section, if the dwelling unit is occupied by four or more unrelated adults over the age of 18 years and is not occupied by minor dependent children.
E. The presumptions set forth in Subsections C and D of this definition may be rebutted by sufficient evidence of the characteristics set forth in Subsection B of this definition. Such evidence shall be presented to the Zoning Board of Appeals.
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the city has its own definition of a functional family or equivlant and that is defined by sufficient evidents in subsection B
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Any dwelling unit within any residential district must meet the definition of a family or the equivalent of a family (See definitions in § 410-5.)
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The problem I have is that since 3 students are not explicitly banned they should be assumed to be a functional family unless proven to be otherwise burden on the city
The fact that they are just students gives the city the power to put the burden of proof that they are a functional family on us?
Since the landlord is responsible to rent to a functional family in all cases does zoning have the right to demand proof at any time?
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I know we have a number of things that would define them as a functional family quantitative i have know idea
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problem is the board does not qualify the extensive writing proof that we feel is sufficient and demands a hearing with neighbors
the burden will be to great for my tenants and i would have to have the city press criminal or civil charges against me.
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Lastly, within this step, if we are successful, we hope to get the City on record with how long you are permitted to rent to three students as a functional family equivalent.
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Before the November 8th deadline, with your approval we plan on sending the City a response to hopefully get some clarity on the regulations in question. In short, we will prepare a letter to the City to confirm our suspicion that they expect every unit in an R1 or R2 district to meet the definition of a family in § 410-5. We also hope to get insight into how they want us to proceed most efficiently here.
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since 3 people are not illigle they understand that the people living there have to be defined as a functional family
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the fletchers have no way to do so without violating there could put the fletcher in violation of there tenets 4 amendment right.
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tenets were giving some resistive and the fletchers lack cause to justify an inquiry into life that could be used to further proof there tenets functional family equivalent status since being 3 students or people alone is not in violation of the law.
knowing that the city cant just stop at any house without proble cause.just because they to demand proof they are a functional family equivlant.
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to also tell them that they are in violation of are 4th amendment rights without telling them directly
since the only evidence that have is that there are 3 people living in each unit this does not give them sufficient cause.
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you as lawyer come across as expert and trying to protect us from possible litigation from the tenets while satisfying the requirement and stating what you feel is sufficient events. taking the power away from the board by giving them 2 facts on the functional family list.the asking them how they would like these written statements summited.so there will not seem like a
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and is smart enough to realize that they do not want to get into a probably cause 4th amendment argument
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since i understand that this is just an inquiry this is not the place for me to argue that they are in violation my rights
this argument can be acheved by arguing it to the board wtith the dinamice bettween my tenets and myself
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since it is subjective i can give you two facts that will qualify each of the apartments as a functional family equivalent
I want to structure the letter so that i will be unlikey asked to go infont of a board or to have the city continute to ask on my tentens and future tenents functional family
this will stop the brought way this law is being enforce demanding from the city that they; need more evedence then people being students
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since geo said they would be libral i am confident this aproach would be the most direct and solve all problems and limit your time and expense as well
being confronted with a tenet say that they are a funtional family and that they do not have a right to ask for further information