Court Upholds Councilwoman Ryan’s Ordinance to Limit Student Housing in Residential Neighborhoods

PROVIDENCE (February 14, 2018)…The Rhode Island Superior Court on Monday upheld an
amendment to the Providence zoning ordinance that limits student housing in
residential neighborhoods. In 2015, City Council Majority Whip, Jo-Ann Ryan (Ward
5), introduced an amendment to the Zoning Ordinance that placed a limit on the
number of students that could live in a non-owner occupied single-family home. The
amendment was passed by the Council, signed by the Mayor and later challenged in
court. The Plaintiffs who brought the suit were a landlord and several tenants who
claimed the law violated their constitutional rights. The Court, in a 20-page
decision, rejected the Plaintiffs’ claim that the ordinance discriminated against
college students in violation of article 1, section 2 of the R.I. Constitution.

«I am pleased that the Superior Court upheld the City ordinance,» said Ryan. «This
ordinance is about preserving the single-family housing stock and about public
safety. Single-family homes were not intended by zoning law to be used as
mini-dorms. In a city where individuals and families are finding it harder and
harder to find safe and affordable homes, it is imperative that we as elected
officials work to preserve our housing stock and to protect the residential
character of our neighborhoods.»

The ordinance states that in R-1 and R-1A zones, a single-family dwelling, which is
not owner-occupied, may not be occupied by more than three college students. A
college student is defined as an individual enrolled as an undergraduate or graduate
student at any university or college who commutes to campus.

Ryan introduced the legislation in response to concerns from residents in the
Elmhurst and Mount Pleasant neighborhoods she represents, who were frustrated that
single-family homes were being purchased by investors and rented to numerous college
students. Ryan, whose ward borders the Providence College campus, said «off-campus
student housing creates a host of challenges for residents in our City’s
neighborhoods. Moreover, the Court held that limiting population density,
congestion, noise, and traffic are all valid governmental concerns. This ordinance
will help to ensure that our neighborhoods remain safe and will preserve the quality
of life for all residents.»

Ryan noted that the zoning amendment was the product of many conversations with
residents, the City Solicitor, planning and public safety officials, meetings with
stakeholders, and two public hearings on the issue through 2015.