Six Binghamton University students face eviction after their neighbors ‘ two BU professors ‘ used Facebook to determine that they were in violation of the West Side’s R-1 zoning law, Binghamton’s Mayor Matt Ryan said.
The R-1 zoning law, which restricts a chunk of Binghamton’s West Side to ‘factual and functional families,’ is typically only enforced when reports are made about a violation. The issue made headlines in 2000 when two dozen students were evicted from their homes.
‘It’s a complaint-driven process,’ said Teri Rennia, the city council member that represents the area.
Gerald Kutcher, a history professor, and Marilynn Desmond, an English professor, made a complaint against the students who live at 8 Lincoln Ave., a house that falls within the restricted zone.
Kutcher declined to answer questions, and referred questions to his lawyer, who did not return repeated calls for comment yesterday.
The R-1 zone stretches from Recreation Park and Seton Catholic Central down to the Susquehanna River, and from Beethoven Street to Chestnut Street. The house at 8 Lincoln is located just on the eastern fringe of the area.
‘What these professors did was pretty smart,’ said Mayor Ryan. ‘They actually looked on Facebook to gather evidence that these students had no real connections to each other.’
The Zoning Board has already deemed the students as not a ‘functional family.’ The term has come under scrutiny, however, and the students are appealing this decision, saying they fit the description of a constructed family.
‘One of the other girls and I have known each other since nursery school,’ said Pamela Daum, a student living at 8 Lincoln Ave. ‘Five of the six of us are from Long Island and we hang out together over breaks. This is just silly.’
City officials, however, emphasize that the law is not a personal attack on students, but is necessary because the older houses cannot handle as many people as ‘high density’ neighborhoods can. West Side residents are concerned that the homes’ aged electrical systems are not intended for student living, and that the streets are not wide enough for the traffic from commuting students.
‘The students are a really important part of the community and we recognize that, but there are high- and low-density neighborhoods for a reason,’ Rennia said. ‘These low-density neighborhoods just aren’t built for this kind of living.’
Mayor Ryan said he plans to target landlords that lease to students in the prohibited R-1 zone.
He feels so strongly about the issue that he showed up personally to inspect the students’ home.
‘The doorbell rings at 11 o’clock in the morning and I answer it, and it’s the mayor,’ said Jim Turbek, another student who lives in the house. ‘Of course I let him in and in he walks with some zoning people who start asking a lot of questions.’
The students said they were caught off guard, and Douglas Drazen, a lawyer representing Ken Dubensky, the students’ landlord, said this was part of a plan to get the students to answer questions without preparation.
‘Matt Ryan basically led a home invasion on these kids,’ Drazen said. ‘Of course they’re going to let him in, they were intimidated into it.’
Ryan, however, said his intentions are only to ensure that the laws in place are enforced.
‘We aren’t going to allow landlords to break the law,’ Ryan said. ‘It’s a shame that the students have to suffer, but it’s the law.’
Similarly, Kutcher said it was the landlord ‘ and not students ‘ that the couple has a problem with.
‘Our argument is not against the students living in the house at all,’ Kutcher said, ‘but the landlord and the conversion of a house from a single-family dwelling into a rooming house.’
Rennia added that even though the law may not be a popular one, the city must enforce it.
‘Many of us agree that the ordinance needs to be revised, but it’s on the books and needs to be enforced,’ she said.
Some, however, feel that the ordinance is part of a greater agenda to keep students out of the ‘nicer’ parts of Binghamton.
‘This is a situation where they are trying to ghetto-ize the students,’ Drazen said.
Ellie Farfagalia, head of the Broome County Landlord’s Association, said she feels the city unfairly targets students while allowing other cases to slide by.
‘No matter what, it’s discrimination against the students. No one is complaining against [other housing violations],’ she said.
The students are waiting to receive a date when the case will be heard by either the zoning board or a judge, and are left wondering where they’ll be living next semester.
‘We don’t cause problems, we know this is a nice neighborhood,’ said Turbek. ‘They want us to live in the slums. Where are we supposed to live?’