An Ames zoning ordinance restricting occupancy of unrelated people in rental housing is under fire once again.

A group of landlords and businessmen are planning to file a lawsuit against the city of Ames to have the ordinance limiting housing occupancy removed, said Gordon Meyer, a spokesman for the group.

The ordinance’s definition of family is unfair — allowing as many as 16 related people to live together in a four bedroom housing unit and just three unrelated people in the same sized space, he said.

Meyer, 927 5th St., who owns houses and multi-family units in Campustown, said the lawsuit was not about more money for landlords, but about treating everyone equally.

“We hope to get to the core of the matter,” he said, “which is equal protection.”

The ordinance is an effort to solve problems like litter and alcohol consumption by targeting the number of people residing within an area, Meyer said.

He said he believes this is unfair because it singles out students and does not address problems directly.

The goal of a lawsuit would be to give tenants the same rights as property owners, said Jim Gunning, 119 Hickory Dr. and a landlord in the group.

“This has nothing to do with being a landlord,” he said.

The ordinance is in place to protect students as well as residents, said Fern Kupfer, associate professor of English and Housing for Sustainable Neighborhoods board member. She said she believes the landlords have motives other than equal protection.

“It’s all about money,” she said.

Those fighting the ordinance are owners who bought residences and are now angry because they cannot charge as much for rent as they planned, she said.

There have been mediation efforts between landlords and home owners neighboring rental units to work for a change in the ordinance, Gunning said. The group hoped for a change to allow one person for each bedroom up to four people in a residence. Neighboring residents were unwilling to accept such a deal.

Gunning said he did not want an unlimited number of residents allowed in apartments, but allowing four people in a residence instead of three would not have a negative effect on neighborhoods.

“Ames is a great community; the older neighborhoods are great,” he said, “but students made Ames what it is. [Opponents] forget too quickly who butters our bread.”

The city did not enforce the occupancy ordinance until about a year ago, Gunning said, which is why his group decided to file a lawsuit.

Meyer said he was confident the landlords could win a lawsuit against the city.

The Iowa Supreme Court recently cited equal protection in a gambling case similar to the way the group feels it could be applied to the occupancy ordinance, Meyer said.

“We’re willing to go to the Supreme Court with this,” Meyer said.

Ames City Attorney John Klaus said he would not comment on pending litigation.