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There are many variations of zoning law that address residential areas. In high-density areas, large buildings with many housing units are allowed. Sometimes, retail and residential buildings coexist in the same area, even within the same building. Zoning law also allows for low-density single-family and two-family areas with single houses on individual lots (typically called R-1 and R-2 districts). Preserving the characteristics of low-density single-family neighborhoods via zoning is a correct and proper use of a municipality's regulatory powers (specifically, the police power delegated by the United States constitution). This is a basic concept, applied throughout the country, and has been upheld by the New York State and United States Supreme Courts. In Village of Belle Terre v. Boraas, 1974, the United States Supreme Court upheld the right of a municipality to restrict occupancy to a family or a defined equivalent of a family.

The New York State Office of General Counsel has said "An appropriate definition of 'family' is basic to density and use prescriptions of zoning laws ... any successful zoning scheme which purports to create and attain a single-family zoning district must contain a definition of family." That definition of family must include both biological families and non-traditional families (otherwise known as the functional and factual equivalent of a family). 

WSNA is committed to solving a large and growing problem on the West Side of Binghamton: The decline of the quality of housing caused by

• failure of code enforcement
• illegal conversion from single-family homes to rooming houses.

Know the zoning law:

• City Zoning law requires that houses or duplexes in areas zoned single- or two-family residential (either R-1 or R-2) have either a single family or the functional and factual equivalent of a family living in them. Specific to this law, the New York State Supreme Court has ruled in two instances,

James Barvinchak, Donald Barvinchak, and John Hills v. City of Binghamton Zoning Board of Appeals and David Chadwick, Supervisor of Building and Construction, October 27, 2000,  and  David King v. City of Binghamton Zoning Board of Appeals and David Chadwick, Supervisor of Building and Construction, and Jeffery Schell and Julie Schell, May 17, 2002,

that typical student rentals are temporary arrangements and do not conform to the definition of a functional and factual equivalent of a family.
• Landlords who rent to unrelated individuals who are not a family are violating the law.
• They often violate not only zoning, but also code regulations.
• Other landlords, though they do not violate R-1 or R-2 zoning, are nonetheless guilty of failing to comply with City codes governing such matters as off-street parking, electrical safety, and fire protection.

If you know of a house that has been converted to a rental/rooming house and that has several unrelated persons living in it, or one that is in violation of City Codes, we invite you to fill in the ZAP form, have two people sign it, and return it to the address indicated on the form. 

What we will do:

1. When we receive your complaint, WSNA, Inc. will forward the information (without your name) to the person charged with investigating zoning and code violations.
2. If he finds that the property is in violation, he will issue a Citation against the landlord:
• Landlords found in violation have no choice but to comply;
• penalties for illegal conversion include up to 15 days in jail and $150.00 fine for each day.

If you wish to contact the City yourself, please write to:

Mr. David Chadwick

Supervisor of Buildings and Construction

City Hall

Binghamton, NY 13901-3776