Thursday, April 10, 2003

A story published today in the Arizona Republic reports that Mayor Neil Giuliano is supporting the quest of a local resident who wants to change the definition of "family" in the zoning laws of Tempe, Arizona.

As things now stand, no more than three individuals may live together in a area zoned for single family use, although there is no restriction on the number of occupants in a home or apartment if they are related by blood, marriage, or adoption.

Tempe has adopted a broader definition of "family" when it comes to benefits eligibility for city employees.  The domestic partners of employees are eligible for such benefits.

However, the larger definition of "family" has not found its way into the city's zoning laws.  But Amy Collins aims to change that and it appears that Mayor Giuliano agrees. 

Giuliano is a member of the American Association for Single People, an organization supporting equal rights for everyone regardless of their marital status.

Collins, 29, rents a home with domestic partner Matt Davis and roommates Tracy Lonstein and Wendy Dudley. In January, they received a courtesy notice of violation from the city stating they violated the definition of family and a copy of the city code that says its illegal for more than three people not related by blood, marriage or adoption to live together in a single-family home. Domestic partnerships don't count.

"Who is the city to tell me who my family is?" she asked.

The roommates appealed to the Board of Adjustment, which postponed the case pending a city ruling. Collins said Dudley has decided to move out, putting them in compliance. But Collins will still fight to add domestic partners to the ordinance.

Giuliano said it would be a simple matter for the council to ask staff to bring a proposed amendment to the council for approval.

"I agree with them, and we don't want to penalize people," he said. "It just needs to be clarified for the community that the change wouldn't hurt the community."

Jan Koehn, code compliance manager, said the 26-year-old ordinance is enforced on a complaint basis only. She said complaints are filed four or five times a month, and excess roommates are often forced to move out. But she said the problem is usually with college students and the question of domestic partnership has never arisen.