Neighbors complain of overcrowding and disrepair; Hightstown officials claim no housing violations have been found.
By:Jessica Bowker
HIGHTSTOWN Neighbors complained to Borough Council on Monday night about conditions at 409 N. Main St., saying the house was overcrowded and an eyesore, but borough officials said they’ve found no housing code violations there.
Neighbors say that too many cars are parked outside the residence, and have complained about what they say is the home’s overall appearance of disrepair. The neighbors also question whether the residents are family members or boarders and contend overcrowding poses a safety issue.
"It is impossible to restrict the definition of family," Borough Attorney Frederick Raffetto told the Borough Council.
Mr. Raffetto cited state court cases where the definition of a family had been interpreted broadly. In a 1990 case involving 10 college students living together in a house in Glassboro, the courts ruled that unrelated people could be considered "family" because they ate together and shared chores, among other things.
"It is clear municipal hands are tied in respect to who is family, even if they are two separate families living under one house," Mr. Raffetto said.
Construction and zoning official Harry Wetterskog said he was uncertain exactly how many people are living the house.
Mr. Raffetto acknowledged the law did allow the borough to limit the number of individuals living in one house by use and occupancy laws, which are tied to square foot space in the house. However, the house does not appear to be in violation of these state housing codes, he said.
State housing codes allow 150 square feet of space for the first adult, with an additional 100 square feet for each following person. For sleeping space, there must be 70 square feet for the first person, with 50 square feet for each additional resident. Space considered residential is also limited by the exclusion of kitchens, hallways, and bathrooms, as well as 3½ feet below ground.
The residence of 409 N. Main St. is measured at 2,100 square feet.
Mr. Wetterskog estimated as many as 90 percent of borough housing complaints were for the issue of overcrowding homes. However, he said, most homes in the borough would not be violating housing codes even if there were 10 to 15 people living there. He said his only concern would be the house being used as an illegal boarding or rooming house, but he had no information to indicate that was taking place.
"If the home is being used as an illegal boarding house, the rooms would be offered to unrelated individuals with the owner providing services such as meals," Mr. Wetterskog said. "If the home is being used as a rooming house, it would be the same as a boarding house except there would be no services such as the meals."
It would be illegal because the house is not licensed with the state to serve as a boarding or rooming house.
Mr. Raffetto cautioned against taking legal action against the house, saying the borough should be sensitive to the potential targeting of ethnic groups, as the residents are Latino.
"Nevertheless, there should be a pursuit of housing codes being properly adhered to," Mr. Raffetto said.
Mr. Wetterskog said he issued a letter to the house after receiving complaints from neighboring residents and received responses from the owners. He is currently waiting for the owners of the house to confirm some of the proposed repairs, including an extension of the driveway. One of the residents’ complaints is the number of cars they see parked outside.
"I’ve never seen more than seven cars outside, and never as many as 15," Mr. Wetterskog said. Mr. Wetterskog also noted the house’s front porch was rebuilt by contractors, in response to residents’ complaints at the meeting, who continued to insist they watched it collapse under snow.
Neighbors were instructed to call police for further concerns regarding the house, and for the issues to be dealt with under the borough’s nuisance ordinance.