SUPREME COURT UPHOLDS OAK PARK ROOMING HOUSE ORDINANCE

The rooming house ordinance of the Village of Oak Park was recently upheld by the Supreme Court of Illinois.

The case was originally tried in the Municipal Court of Oak Park by Judge Thomas W. Barrett, and was taken on appeal from this Court, directly to the Supreme Court.

Mr. Justice Hershey delivered the opinion of the Supreme Court:

"Defendant, Dawn Hepler, was charged in the municipal court of the village of Oak Park, with having, on October 23, 1956, operated a rooming house at 328 South Euclid Avenue, in the village of Oak Park, without having obtained a license, in violation of an ordinance of that village entitled, 'An Ordinance to License and Regulate Rooming Houses and Provide for Penalties for Violation Thereof.' The case was submitted to the court on stipulation of facts, and upon defendant's motion to dismiss, alleging the ordinance to be unconstitutional, the court over-ruled the motion, found the ordinance to be constitutional, found defendant guilty, and fined the defendant $10 and cost. The court's judgment and order was entered on November 4, 1937. From that judgment of conviction the defendant prosecutes her appeal directly to this court on certificate of importance, alleging and insisting that the ordinance, upon which the action is based, is unconstitutional.

"The stipulated facts show that the building in question was erected in 1899 for the purpose of affording a home where the defendant's mother and her minor children could live, and to provide rental rooms on the second floor. Since the death of the mother, the defendant has occupied the property as a rooming house.

"The ordinance in question was not passed until 55 years after the erection of said building, and was passed under the authority given said village by section 23-87.1 of the Revised Cities and Villages Act. (Ill. Rev. Stat. 1957, chap. 24, par. 23-87.1.) The village, by said statute, is given express authority to license, locate and regulate the use and construction of rooming houses.

"The position of the appellant apparently is that said ordinance is unconstitutional because it is unreasonable and arbitrary when applied to the defendant's property. The basis of this contention is that a village is without power, in spite of the above statute, to pass an ordinance such as this which was intended to affect existing established property rights. A great number of cases are cited by the appellant to the effect that the owner of property has a right to use his property as he desires, limited only to the proper exercise of the police powers. Lee v. City of Chicago, 390 Ill. 306; Western Theological Seminary v. City of Evanston, 325 Ill. 511. "

There is no question that the foregoing is the law. However, there is also no question that if the statute in the present case, on which the ordinance in question is based, is a valid exercise of the police power, it can be made to apply and does apply to the existing rooming house, although the building in which it is located antedates the enactment of such statute. People v. Warren, 11 Ill. 2d 420; Zeiney v. Murphy, 387 Ill. 498; Clarke v. City of Chicago, 159 Ill. App. 20.

"The specific question of whether pre-existing rooming houses are subject to regulation under the police power of the State, where the legislation thereon is of recent date, has not been decided in this State. Such a question has been before the courts in a number of other States, and has been held to be a proper subject matter upon which a State can exercise its police power. (Central Savings Bank v. City of New York, 279 N. Y. 266; 121 ALR 607; 11 Am. Jur., Const. Law, p. 1051.) It is thus clear that the said ordinance is a constitutional enactment.

"Defendant, offered no evidence and made no showing as to what effect the ordinance will have on her operations or her property. Ordinances are presumptively valid and the burden is on the party attacking their validity to show the invalidity. (Gore v. City of Carlinville, 9 Ill. 2d 296.) Defendant has failed to meet her burden.

"There is nothing in this record to show that said ordinance is unconstitutional generally or unconstitutional when applied to the defendant's property. Therefore the judgment of the municipal court is affirmed."

The ordinance in question is Article II, Section 24.13 and following, of the Oak Park Municipal Code:

Article II. Rooming Houses
Sec. 24.13. Definition.

For the purpose of this article, a rooming house shall mean and include every dwelling house, rooming house, furnished room house, lodginghouse, boardinghouse and any other similarly occupied building, structure or portion thereof kept, held or used, where sleeping or lodging is provided (or which is equipped to provide lodging) by prear-rangement for a definite period, for compensation for three or more persons in contradistinction to hotels open to transients.

Sec. 24.14. Buildings to conform to other ordinances.

No house or building hereafter constructed or erected in the village shall be used as a rooming house, and no house or building heretofore erected and not now used for such purpose, or any building, house or portion thereof which is now used or intended to be used or occupied for rooming house purposes shall be converted into, used as or leased

Page 120 / Illinois Municipal Review / June 1958

for a rooming house unless such building and every part thereof shall conform to the requirements of this article and to such other requirements of the building, zoning and health ordinances of the village carried in chapters 11, 47 and 23, respectively, as may apply.

Sec. 34.15. License—Required; issuance.

It shall be unlawful for any person to conduct, keep, manage or operate, or cause to be conducted, kept, managed or operated a rooming house without a license therefor. Such license shall be issued only to persons of good moral character and shall not be transferable. All such licenses shall be renewed annually, subject to the same conditions as the original license. Such license shall be issued by the village clerk upon payment of the fee as provided in section 28.6 of this Code. Such fee shall accompany the application.

Sec. 24.16. Same—Application.

A written application for a license required by this article upon blank forms furnished by the village clerk shall be filed with the clerk each year and shall accurately state the full name and address of the applicant and person in whose name such license is to be issued, the full name and address of the owner of the building and premises where the rooming house is proposed to be carried on, the number of rooms in the building and which rooms in the building are to be occupied as sleeping rooms, and the number of persons proposed to be accommodated or allowed in each room. Yearly application for a license shall be made on or before January first.

Sec. 24.17. Same—Same—Floor plans.

The applicant for a license required by this article shall file with his application, a plan of each floor of the building, which plan shall be drawn to a scale of not less than one-quarter inch to a foot showing all fire escapes, stairs, halls, location and size of all windows, the location and size of habitable rooms and the exits of each floor, and a statement in writing, showing the number of persons proposed to be accommodated or allowed on each floor, and the intended use of every room in the building must be written in, on the plans submitted.

Sec. 24.18. Same—Same—Departmental approval.

Upon receipt of the application and plans referred to in this article, it shall be the duty of the village clerk to submit such application and plans to the director of building and zoning, to the chief of the fire department and to the director of public health, who shall each authorize the proper inspection, and no such license shall be issued by the clerk until he has received the written approval from each of the officials.

(a) Building department. The director of building and zoning shall determine that all the requirements of chapter 11 of this Code are complied with and that the premises are safe and habitable and are provided with adequate facilities for heat, light and ventilation.

(b) Fire department. The chief of the fire department shall determine that all fire hazards have been eliminated from such premises; that the premises have proper and sufficient fire-extinguishing equipment; that the premises comply with all regulations and recommendations of the bureau of fire prevention, and that the occupants of the building have adequate fire protection.

(c) Health department. The director of public health shall determine that all regulations and orders of the state department of health, the department of health of the village and the provisions of this article pertaining to the sanitation of such rooming house premises and every part thereof and to the preservation of the health of the occupants thereof have been complied with.

It shall be the duty of the director of public health to have printed such portions of this article as he may deem requisite, and cause the same to be displayed in each room of any such rooming house, and have made such inspections as are necessary from time to time assuring the proper healthful occupancy of such establishment.

Sec. 84.19. Application of zoning regulations.

No rooming house shall provide for more than the number of persons permitted by chapter 47 of this Code.

(Continued on page 144)

Page 121 / Illinois Municipal Review / June 1958

SUPREME COURT UPHOLDS OAK PARK ROOMING HOUSE ORDINANCE

(Continued from page 121)

Sec. 24.20. Inspections.

At least once a year after a license required by this article has been issued as herein provided or more often if deemed necessary and before the renewal of any such license to conduct, keep or operate any such rooming house, it shall be the duty of the director of building and zoning, chief of the fire department and the director of public health to authorize the inspection of the premises and determine that the provisions of this Code and the terms and conditions of this article are being complied with.

Sec. 24.21. Register.

The landlord, proprietor, keeper, manager or clerk of every such rooming house as defined in section 24.13 of this Code shall keep in the office, or other place therein, a register in which shall be entered the name and residence of every person who becomes a lodger, boarder or guest therein. Such register shall also show the number or location of the room or bed occupied by such person, the date of his arrival, and the period for which he engaged board or lodging. The register shall also be accessible, without charge, to any police officer or duly authorized agent of the department of health, fire department, building and zoning department or clerk of the village.

Sec. 24.22. Basement and third floor occupancy.

No license required by this article shall be issued to any person proposing to use a basement or any part thereof as habitable rooms for rooming house purposes. Third floor occupancy of any frame dwelling shall not be permitted without the written approval of the director of building and zoning, chief of the fire department and the director of public health.

Sec. 24.23. Exits.

Each and every rooming house in the village, as defined in this article housing persons on the third floor shall be provided with at least two inside stairways leading from the ground to each floor providing habitable rooms, and further, that each and every rooming house where less than three stories are occupied shall be provided with two inside stairways in all cases when occupied by more than five persons on the second floor (including members of the family) or in all cases where the total number of persons housed in the building exceeds eight (including members of the family).

Sec. 24.24. Toilet, etc., facilities.

In every rooming house, water closet, lavatory and bathing facilities shall be provided on each floor, and water closets shall be provided in the ratio of at least one water closet to every eight occupants or fraction thereof.

Sec. 24.25. Air space.

No room in any rooming house shall be occupied as a sleeping room by any human being unless there are at least six hundred cubic feet of air space, exclusive of wardrobe and closet space, for each and every person occupying any such room.

Sec. 24.26. Light housekeeping.

No person who shall keep, conduct, operate or maintain a rooming house shall permit in any living or sleeping room, the cooking or preparation of food or meals or the storage of foodstuff, and light housekeeping, so called, shall not be permitted in any living or sleeping room.

Sec. 24.27. Use of accessory building.

No accessory building shall be used for rooming house purposes.

Sec. 24.28. Interpretation of article.

In their interpretation and application, the provisions of this article shall be held to be the minimum requirements with respect to rooming houses as defined in this article, adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where this article imposes a greater restriction upon the use of buildings or premises for rooming house purposes than are imposed or required by the provisions of any other ordinance, the provisions of this article shall control.

Page 144 / Illinois Municipal Review / June 1958