February 19, 2004

Superior Court Judge Overrules Athens-Clarke Rental Registration Ordinance

By Wendell Dawson, AVOC Editor

According to a story in today’s Athens Banner-Herald (see reference below) Western Superior Court Chief Judge Lawton Stephens has declared the Athens-Clarke County rental registration ordinance unconstitutional and specifically in violation of a 2003 State Statute.

The ordinance required the completion of a form that revealed names and relationships of residents. Both the landlord and tenant had to complete a form.

Judge Stephens ruled that the ordinance violated the 5^th Amendment of the U S Constitution that protects citizens from self-incrimination. The judge also ruled that the ordinance violated the 4^th Amendment of the U S Constitution that protects citizens against unlawful searches and seizures.

The judge did not overturn the County Ordinance defining a family and limiting the number of persons living together in one household. The judge has upheld that ordinance before.

Athens-Clarke County is struggling with the issue of large groups of students living in a single residence with the attendant noise, traffic and trash.

A group called Athens Residential Rental Property Association filed suit against the government after the ordinance was adopted in August 2003 on a 7-3 vote. The issue attracted many opponents and speakers who opposed the ordinance.

The Georgia General Assembly passed a statute in 2003, while the issue was pending in Athens, that effectively barred the rental registration requirements of the Athens-Clarke Ordinance.

Athens Attorney Jeff Rothman represented the rental registration opponents in the lawsuit.

It is not known whether Athens-Clarke County will appeal. AVOC doubts the success of an appeal. Based on the information published about the ordinance and the Georgia statute and the specificity of Judge Stephens’ ruling, it is not likely to be reversed.

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See: Athens Banner-Herald story by Allison Floyd dated February 19, 2004 at http://www.onlineathens.com/stories/021904/new_20040219077.shtml

Also: http://www.arrpa.com/html/issues.html