Spring Break
Hearing prolongs injunction
Rental ordinance still not enforced
EMILY KIRBY
- Page 1 of 1
Although enforcement of the ordinance remains postponed until another hearing is set, the first step toward a resolution for the case began Wednesday at a discovery hearing in Athens-Clarke County Superior Court.
Prior to the hearing, County Attorney Bill Berryman requested information from Jeff Rothman, the attorney representing property-owner Rosemary Medicino and the Athens Residential Rental Property Association (ARRPA), who are suing the county.
Among the requested information is the identity of the members of ARRPA and whether they hold rental property.
The rental ordinance, passed by the ACC Commission on Aug. 5, requires all renters -- living within a single-family residence zone -- to sign documents disclosing tenants' identities.
By disclosing their identities, renters thereby are indicating their relation to one another and verifying that no more than two unrelated individuals are living in the same residence.
ACC attorneys said they believe the ARRPA has a personal interest in the issue because they most likely own rental property in Athens.
"It is a defense of unclean hands," Berryman said of his reason for requesting the information from ARRPA.
Rothman, however, said ACC attorneys "are trying to harass the plaintiffs."
Many residents have expressed their opinion on the ordinance at public hearings and were cited for violations because they admitted to having more than two unrelated individuals living in a home, Rothman said.
ACC Superior Court Judge Lawton Stephens, who presided over the hearing, said there is a possibility the ARRPA and Medicino might have a Fifth Amendment right to withhold the information to prevent self-incrimination.
Rothman also had the chance to request information from the county but chose not to.
Stephens said he plans to rule on whether the ARRPA has a right to withhold the names of its members -- as well as the property they own -- in the next few days, and set a date for the next hearing.
