Published November 11, 2011
Preserving the Preserve
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Henrietta Citizens Debate Proposed Housing Law Changes
RIT Student Government President Greg Pollock voices his thoughts on behalf of the RIT student body Wednesday evening, November 1, in a town hall meeting at Rush-Henrietta Senior High School.
Jonathan Foster
“It needs to be understood that there is not an ‘us vs. them’ mentality here.” These were the words from one of the many concerned community members pleading their case to a decidedly divided crowd in the auditorium of Rush-Henrietta Senior High School on the night of Wednesday, November 2. The meeting was held to discuss the proposal of redefining the word “family” in the Henrietta town code. The redefinition was proposed to limit the number of non-related renters, particularly RIT students, that could lease a home in the residential communities along East River Road — an area known as “The Preserve.” Complaints of crude behavior, loud parties, drunk driving and illegally parked cars spurred angry or dissatisfied home owners to ask that the number of non-related renters to be limited to three per household, in a move that they believe should control the problems with students.

The town code already limits the number of unrelated people that can live in a single family home to four, but the current definition of what does and doesn’t constitute a “family” makes the law hard to enforce, and is considered by some legal advisors to be unconstitutional.

According to attorneys, changing the definition would allow it to be used in court, and would mimic a similar ruling in Brockport that says unrelated people in single-family homes must be “the functional equivalent of a single family.” This includes accounting for the group’s permanency and stability, how they divide up monthly expenses, whether they’ve lived together for more than a year and whether they share ownership of appliances and furniture.

“I want to see how much RIT can actually affect policy in this town,” said third year Chemical Engineering major and WITR general manager Andy Watson, “That’s what I’m here for.” Watson was one of the first RIT students to take a seat in the auditorium, alongside third year Mechanical Engineering major Zoe Rabinowitz. Rabinowitz lives in Chili, where a similar law is in effect. “I can see where both sides are coming from, but I tend to lean more toward the student side,” Rabinowitz stated.

Shawn Drake has lived in the neighborhood for 10 years, and looks at the situation from a slightly different perspective. “[The proposal] will keep landlords from taking advantage of students by having them violate the law when they sign a lease.” Drake was referring specifically to landlord Michael Spaan, who residents consistently vilified over the course of the evening. Spaan, who built or bought 22 of the houses in the Preserve, has allegedly allowed upwards of six people to rent houses that are legally limited to four tenants.

The first student to speak at the meeting was Alex Ship, a Mechanical Engineering graduate student, who raised the question of the law’s enforceability, and how it would actually affect the problems with students. He suggested that the community should “tackle the behavior” of individual rowdy students, not the student population as a whole.

Several students complained of having been unfairly targeted and having had the police called on them unnecessarily. One student had the sheriff called to his residence, even though he was home alone. Another student complained of having the police driving by and shining lights into his living room because there were five cars in his driveway — the student had friends over watching a movie. One woman came to the students’ defense, saying, “There are a lot of people complaining about RIT students, but I’ve had some nasty neighbors as well.”

Several residents claimed that their mailboxes and lawns have been mangled by people racing through the neighborhood. One homeowner even discovered two young people having sex in a car in front of her house, in plain view of anyone inside the home. Though the police were called, neither student was issued a citation.

Allegedly, the police couldn’t prove any of these infractions, or didn’t have the manpower to take additional action. Another man asked why RIT didn’t build more affordable student housing on the land it owns, an inquiry that drew scattered applause and murmurs of agreement from the audience.

Residents of Henrietta and RIT students, faculty and staff voice their opinions at the November 2 town hall meeting.
Jonathan Foster
The most outraged citizen was 70-year-old Regina Lapp-Harmon, a five year resident of the Preserve. She went straight for the students and the Board for their respective actions and inactions on the matter.

Her experiences included people racing through stop signs and a bullet allegedly being fired into her home. She ended her heated speech on the definition of family, saying: “Why don’t you look in the Bible and see what God says.”

Michael Spann’s attorney claimed that his client had never knowingly rented a house to more than four students, even though a news interview with several students earlier that month contradicted him. Spaan was labeled as the root of the problem by many. “If 22 rental properties sprung up in [the Town Board’s] neighborhood, this problem would [never have] even made it this far,” one angry homeowner charged. Another recalled a phone conversation with Spaan: “I called him a few names and he called me a lot of names.”

As the night progressed, a more moderate temperament seemed to develop. “I think you’re dealing with two separate issues, and somehow they got all tangled up,” one resident said. Several people claimed that they had no intention of speaking up that night, but the dialog had stirred them to speak their piece. “This whole community is thinking very narrowly,” one person voiced. Many felt that the issue was more complex than residents were considering and that the law would do more harm than good.

Meredith Smith is the director of State and Local Government Relations at RIT, and works with the Off-Campus Student Housing Initiative Coalition to handle off-campus conduct issues. “I think that the task force is a significant opportunity to address the issues and do comprehensive work,” she stated.

In spite of the many points made, the correlation between the number of students living in a house and the amount of problems coming from said house was never addressed. Whether or not neighbors actually took the time to go over to students’ homes and address the problems face-to-face was never mentioned either.

As of press time, no time or date had been set for another hearing or a vote.

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