The determination of whether a group of unrelated persons living together are the functional equivalent of a family shall be based on such of the following factors as may be known to the Commissioner of Building Inspection and/or the Commissioner of Code Enforcement. The presence or absence of any single factor is not necessarily determinative of whether the unit constitutes a family:
(Ord. 510-21. Passed 9-28-21.)
A. The following factors shall be prima facie evidence that the group of persons living together constitutes a household:
1. The same group of persons, or a majority of them, has resided together at a different location for a period of at least 6 months or at the present location for at least 12 months; and
2. One or two members of the group have executed the lease for the entire premises, including the entire rental obligation, and there are no sub-lease, hold-harmless or other written arrangements to pro-rate the rent or recover the rent from other members of the group.
B. The following factors shall be prima facie evidence that the group of persons does not constitute a household:
1. Individual members of the group have entered into separate leases for the same premises, or parts thereof, with the obligation under each lease constituting only a portion of the total periodic rent payment due to the landlord for occupancy of the premises; and
2. The premises are furnished with key-operated locks on individual rooms or with other means through which one member of the group may prevent other members of the group from entering her or his room or portion of the premises when she or he is not physically present (deadbolts, chains or other locking devices operated only from inside the room shall not be considered as evidence of the status of the group).
C. The following additional factors shall be considered, to the extent known or applicable, in determining whether the group of persons constitutes a household:
1. Voter registration by a majority of the eligible members of the group listing the address of the group's dwelling shall be considered evidence in support of the proposition that the group is a household. Voter registration listing other addresses by a majority of the adult members of the group, or by a majority of those actually registered to vote shall be considered evidence negating the proposition that the group is a household.
2. Drivers' licenses held by a majority of the adult members of the group listing the address of the group's dwelling shall be considered evidence in support of the proposition that the group is a household. Drivers' licenses listing other addresses by a majority of the adult members of the group, or by a majority of those actually holding such licenses shall be considered evidence negating the proposition that the group is a household.
3. The registration of motor vehicles regularly found at the dwelling listing the address of the group's dwelling shall be considered evidence in support of the proposition that the group is a household. The regular presence at the dwelling of one or more motor vehicles belonging to members of the group and registered at one or more other addresses shall be considered evidence negating the proposition that the group is a household.
4. The filing of tax returns by a majority of the members of the group listing the address of the group's dwelling shall be considered evidence in support of the proposition that the group is a household. The filing of tax returns listing other addresses by members of the group shall be considered evidence negating the proposition that the group is a household. Evidence that one or more individuals are claimed as dependents on the income tax return of individuals not resident in the household shall be considered evidence that the group is not a household.
5. The presence of minor dependent children regularly residing in the dwelling unit and enrolled in local schools with one or more members of the group acting in the role of parents (and primary care-givers) shall be considered a factor tending to support the proposition that the group is a household.
6. Evidence that different residents of the dwelling unit are away during the summer and that they have several as opposed to a single summer address shall be considered evidence negating the proposition that the group is a household.
7. Evidence of common acquisition and ownership of furniture and appliances shall be considered evidence in support of the proposition that the group is a household.
8. Full-time employment of some members of the group in the general community shall be considered evidence in support of the proposition that the group is a household.
9. Evidence that groceries are purchased and meals regularly prepared for the group as a whole shall be considered evidence in support of the proposition that the group is a household. For purposes of this factor, weekly joint purchases of groceries and the preparation and sharing of at least seven meals per week shall be considered "regularly prepared."
(Ord. 336-15. Passed 6-23-15.)
1115.0905 The Commissioner of Building Inspection and/or the Commissioner of Code Enforcement shall make the determination of whether the group constitutes a household based on a preponderance of the evidence. Where there is prima facie evidence supporting only one side of the proposition, the Commissioner shall make a determination that is supported by that prima facie evidence unless the Commissioner finds compelling evidence for the other side of the proposition, a finding which should normally be supported by at least four of the factors listed above.
(Ord. 336-15. Passed 6-23-15.)
1115.0906 Living arrangements for persons with a "handicap" and/or a "disability" as those terms are defined by the Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601 et seq.) and the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) will be presumed to be a household.
(Ord. 336-15. Passed 6-23-15.)