Student apartment, house renters may be breaking the law

Alison Storm

If you live off campus and are renting a house, you may be breaking the law without realizing it.

A little-known Ames ordinance allows for only three unrelated adults to live together in a house or apartment.

“The general rule is unless you provide additional parking, you can only have three unrelated people living together,” said Eden Schmit, planner in the Department of Planning and Housing.

Ames is broken into three zoning densities: low, medium and high density. The majority of areas near campus are medium- and high-density.

In medium-density areas, no more than three unrelated adults are permitted to occupy a residence, unless there is sufficient parking for three of the residents. In high-density areas, up to five unrelated people are allowed to live in a location, as long as sufficient parking is provided.

Dave Byrd, junior in performing arts, did not know about the maximum occupancy law when he and his three roommates moved into a house near campus last month.

Byrd’s former landlord, who rents out many properties in the Ames area, failed to tell Byrd and his roommates about the code violation.

Three days after moving in, one of Byrd’s neighbors informed him that he and his roommates were breaking the law.

“[We were told] as long as we kept our mouths shut, [the city] would never find out about it,” he said.

Byrd believes many landlords fail to inform their tenants of the law.

“It’s a terrible way to start that experience,” he said.

Mike Fry, housing inspector in Ames, is in charge of making sure tenants and landlords are in compliance with city codes, including the maximum occupancy code.

Fry is one of three inspectors who are on a three-year rotation of housing in Ames. Fry also does inspections as needed based on complaints the office receives.

If the maximum occupancy codes are being broken, Fry said landlords face municipal citations with fines up to $500.

“We try to avoid doing that if possible,” he said. “Normally, they understand that they are in noncompliance, and they try to correct that.”

Ames City Council member Sharon Wirth said this law is necessary in communities such as Ames, where there is a large percentage of rental property.

“It has nothing to do with students,” she said. “It has to do with any group of people who might choose to live together. When you have a mix of people like that, everyone is going to need to deal with certain rules and regulations.”

Rob Wiese, program assistant for Off-Campus and Adult Student Services, said the students breaking the codes are sometimes at fault; other times, the landlords are to blame.

“Sometimes it comes down to landlords breaking the law because they want to rent it,” he said. “Students are the same way.”

Wiese said if there are too many residents in a house or apartment, people will have to move out until the residents are in compliance.

“I think they provide that law to stop people from cramming too many people in,” he said.

Wiese said there are several steps students can take to protect themselves when the landlords are at fault.

“Students don’t take the time to know their rights until they are being violated,” he said. “Landlords and students need to be honest with each other.”

Wiese said tenants need to put everything in writing and document any damage to the property before they move in. He also advises students who realize they are in violation of the code to get help from Off-Campus Student Services.

“You see the same mistakes being made all of the time,” he said. “If you don’t like your landlord when you meet them, don’t sign the lease.”