News

Elgin works to curb overcrowding through new zoning regulations

Posted February 01, 2009 10:00 pm

Harry Hitzeman

Elgin city leaders are continuing their fight against overcrowding in single-family homes by requiring doors on all bedrooms and more space in living rooms and dining rooms.

The changes, approved last week by the city council, are designed to reduce by 20 percent the maximum number of people permitted to live under one roof, officials said.

However, they say each home is different and will be evaluated on a case-by-case basis if a complaint is lodged with the city.

"We're always looking for ways to improve our ability to enforce reasonable occupancy standards. That's a high priority for the community," Mayor Ed Schock said. "What we're doing is reasonable. It is part of the international code, parts of which are left to local municipalities."

The city council adopted the 2006 International Property Maintenance Code, updating it from 2003. Two key areas of the code can potentially restrict maximum occupancy.

The first is a requirement that all bedrooms have an element of privacy, such as a door. This measure will prevent people from sleeping in large common areas.

The second is requiring more square footage in a home's living and dining rooms if seven or more people live there.

Under the old code, if a home had six or more people living there, it needed just 150 square feet in its living room and 100 square feet in its dining room.

Now, for every additional person, 10 more square feet are required in the living room and seven more square feet in the dining room.

So, if nine people lived in a home now, the living room must have 180 square feet in total area and the dining room 121 square feet.

Under the old code, these numbers would have been 150 and 100 square feet, respectively, no matter what the population.

"Overcrowding has been and continues to be an issue for the community and city council," said Jerry Deering, the city's community development coordinator. "The problem has been the codes have been so permissive, they've been virtually meaningless."

Deering's staff has calculated the effect the living and dining room standards would have on 21 random properties.

In some, there was no impact. Others had maximum occupancy reduced by up to four people. Overall, it resulted in a 21 percent decrease in overall maximum occupancy.

The city does not have a firm estimate on what effect the privacy requirement will have on homes.

"It's an improvement. It's not going solve the problem," Deering said. "We're talking about quality of life, how our neighborhoods are to be and property values."

The city has landed in hot water before over its codes and enforcement.

In 1999, U.S. Department of Housing and Urban Development filed a discrimination lawsuit against the city, accusing some code enforcement officers of targeting Hispanics in their inspections. City officials settled that lawsuit for $10,000.

Deering said the city staff and legal department spent more than a year researching the new code and ensuring the changes would not result in litigation.

William Cogley, the city's corporation counsel, was unavailable last week.

Schock said HUD objected to the city inspecting properties in the early morning hours or late at night - times when most occupants likely would be home.

"We were following all the rules, but HUD thought we were too aggressive," Schock said, adding the city does not believe its new, updated standards violate any laws.

"These were important changes, but they're not fundamental changes. They're refinements. It's not a complete 180 (degree turn) in how we do business," Schock continued. "It's more tinkering. It's not a whole new code. Every bit helps, though."

Debbie Wills, spokeswoman for the HUD office in Chicago, said the department has not received any complaints about Elgin's changes and the 1999 settlement does not give it authority to set the city's codes.

"Codes are a local issue," she said. "We wouldn't get involved in it unless there was a specific complaint."

Complaints about overcrowding in Elgin peaked in 1998 but rapidly declined in the early 2000s. The city's code enforcement department usually gives people about 60 days to find alternative housing and doesn't turn first to fines.

Last year, there were 119 complaints, about one-fourth of the 1998 level.

But city officials expect this year's number to rise, especially as recession deepens and foreclosures persist.

"People are going to move in with each other and share expenses," said Debbie Arneson, a city code enforcement officer.

By the numbers Resident complaints about overcrowding in Elgin have declined in recent years. City officials speculate the dip was because of the housing boom, but they forecast a rise in complaints with more foreclosures and a worsening economy. Here are the numbers of complaints lodged over the last 14 years. Complaints may be made by calling (847) 931-5921. 1995: 192 1996: 225 1997: 395 1998: 459 1999: 367 2000: 230 2001: 115 2002: 69 2003: 68 2004: 57 2005: 58 2006: 73 2007: 109 2008: 119 Source: City of Elgin

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