Homeowner Didn't Violate Town Code Barring Rooming Houses

The town of Babylon accused a homeowner of violating a town law, claiming that he provided lodging to nonfamily persons, and operated the single-family residence as a rooming house. An inspector went to the house and was told that the homeowner lived there with his mother, minor son, and girlfriend. That night, the inspector found two unidentified veterans, who were the owner’s friends, and saw four occupied bedrooms and two locked rooms in the house. The owner said that he counseled disabled veterans suffering from post-traumatic stress disorder, and when they stay at the house they contribute for food, as does his mother and girlfriend. The court dismissed the charges. The law allowed family members to live together. Owner’s mother and son qualified as family members under the traditional definition. There was no proof that the owner’s girlfriend or the veterans received lodging in exchange for rent payments.

People v. Hyland: NYLJ, 4/28/08, p. 20, col. 1 (Dist. Ct. Suffolk; Hackeling, J)