MILTON — At Thursday’s Committee of the Whole meeting, the council discussed changing a city ordinance pertaining to the existence of boarding houses.
Cheryl Kursave of Milton was issued a notice of violation in August. Kursave owns a four-bedroom home on Robin Avenue and rents out three of those rooms. There is no lease agreement between Kursave and the tenants, and the monthly rent includes utilities.
The legal definition of a boarding house is a home in which lodgers rent one or more rooms for one or more nights, and sometimes for extended periods. Some services, such as food, are sometimes provided.
Although Planning Director Randy Jorgenson said the definition applies to Kursave’s situation, she stands by her belief that she does not run a boarding house because she doesn’t supply food.
While the council was originally in favor of changing the ordinance to allow boarding houses under special exception — the homeowner would have to fill out an application and pay a fee — they changed their mind in October, when many residents approached the council with concerns about how this regulation would affect their neighborhoods.
On Oct. 19, the council decided to not amend the ordinance to reflect this change; however, city staff looked into changing the ordinance to add the words "two or more," which would allow Kursave to have one roommate instead of three. This ordinance amendment passed the first reading at the Nov. 14 City Council meeting.
Kursave approached the council and recited a portion of Florida Statute 509.013 stating that an owner of a home could lodge up to four tenants. The council instructed City Attorney Heather Lindsay to research this statute, and she returned to the Thursday meeting with new information.
According to Lindsay, this statute does not apply to Kursave’s single-family home, and municipalities have the right to enforce coding regulations. Lindsay recommended Kursave to get a second opinion from an attorney if she still disagrees.
Councilwoman Pat Lunsford said she feels bad for Kursave and knows there is a lack of affordable housing to accommodate low-income residents. Lindsay said this issue can be studied to understand the scope of the issue and how certain city ordinances may affect the problem.
The ordinance amendment will have a second reading in December. Until then, Kursave may house her tenants until the situation is resolved.
This article originally appeared on Santa Rosa Press Gazette: City Council revisits boarding house issue