The town of Elon’s current law stating that no more than three unrelated people may live in a private residence dates back decades, but recently resurfaced in a lawsuit filed by the town in December.

The town claims that landlords David and Laurie LaDuke violated the law by renting a house at 105 Truitt Dr. to four Elon students instead of the legal number of three.

“We have filed a lawsuit against the property owners,” said Tonya Caddle, Elon’s town planner, though she couldn’t discuss the case further.

The town’s attorney in the suit, Robert Wishart, hoped to end the suit out of court with an agreement to limit the number of residents to three.

“Our preference is that it be resolved by settlement,” he said. “If not, we will have to pursue the lawsuit and seek a court order.” He added that “[the LaDukes] have given some indication that their desire is to work it out, and that is a positive step.”

In recent years, the town has dealt with about a dozen cases where residents violate this law. Most issues involve Elon students renting houses off-campus.

“We’ve had very limited cases about it being residents in town,” Caddle said. “Most of what we’re seeing is college kids.” She also said that Burlington enforces similar laws, as do many other college towns across the nation.

The ordinance does not apply solely to houses. Apartments and townhouses may also only house up to three unrelated residents.

Caddle notes that enforcing these regulations in apartment complexes is more difficult, and the town only sends a protest if somebody from the community speaks up.

“It’s sent in on a complaint basis,” Caddle said. “We don’t concentrate on apartments as much. Our complaints generally come in from people who live in neighborhoods.”

Once an official protest is filed, residents are asked to move out until only three remain. If they do not comply, police are sent in to resolve the issue. For the most part, however, these issues usually resolve themselves.

“Within 30 days [of being notified], pretty much everybody comes into compliance,” Caddle said.

This old statute comes as a shock to many students who had hoped to move to off-campus housing next year.

“Honestly, I feel as though there shouldn’t be a law unless it’s a fire or safety hazard,” said freshman Mark St. Cyr, who hopes to move off-campus with a few friends in the coming years. “Four people in a house should not be something the community should be concerned about.” Freshman Patrick Sanderson agreed.

“I think that if the issue is with parking and noise, then they should make laws about
parking and noise,” he said.

If students wish to live with more than two other people, their only alternative is on-campus facilities.

But many students are longing for freedoms that only off-campus housing can provide. They are disappointed that they can not share the experience with more than two other people.

“I feel like as long as you’re meeting the safety code, you should be allowed to have as many people as you want,” Sanderson said.

“The policy has been in place for quite some time,” Caddle said. “That was put into effect because they felt that over three people would cause more issues, like noise and parking. They felt that three was a good number to work with.”

Reporter: Randy Gyllenhaal - 02/08/07