Riverhead board urged to reject 'discriminatory' proposed changes to rental code

Proposed changes to Riverhead’s town code on rental dwelling units drew criticism Tuesday at a town board hearing from advocates and residents concerned that the changes would discriminate against certain individuals and groups.

As part of the language in the proposed changes to Chapter 263, it would be unlawful for tenants to occupy, or property owners to allow the occupation of, such units in Riverhead that don’t conform with Riverhead’s definition of "family" or a functional equivalent of a traditional family.

The code states that individuals living together as a traditional family equivalent must present the town with criteria that includes:

• Requiring occupants to share the entire single- or one-family unit and live and cook together as a single housekeeping unit;

• Prohibiting tenants acting as "separate roomers" from being considered a traditional family equivalent, and;

• Showing evidence the occupancy is "permanent and stable," such as minor children living there who are enrolled in local schools and household members having the same address for voter and motor vehicle registration.

A Riverhead mother of three, who identified herself only as Edelmira, told the town board it was commonplace for single mothers like her to live in homes with others who are not their extended family.

"Single mothers like I am, we can’t afford a regular house to live with our children, so it’s important to live with others," Edelmira said in Spanish through an interpreter.

Before the hearing, several civil rights, social justice and immigrant advocacy groups submitted a letter to the town opposing the proposed code changes. The Long Island Progressive Coalition and 25 other groups urged the board to reject the proposed changes, which they called "discriminatory and unnecessary."

The changes, the groups wrote, include "restrictive, intrusive and offensive definitions of who qualifies to live in the town. The proposed definition of a ‘traditional family’ likely runs afoul of longstanding court precedent and the State Human and Civil Rights statutory definitions and protections."

The definition of family has been part of the town code since 2016, according to Riverhead officials.

At the hearing, which began in the evening and lasted more than two hours, residents and advocates urged the board to reject the code changes.

Rob Carpenter, of the Long Island Farm Bureau, said local farmers worry some of the changes could impact farmers’ ability to house workers, a requirement for them when it comes to H-2A visa programs for temporary labor.

If the law is enacted, some of the advocate groups said that more than 100 families the Rural & Migrant Ministry Inc. has worked with will be affected, along with hundreds of other impoverished families.

Councilman Ken Rothwell, who originally submitted the code change proposal, said that the changes were not meant to discriminate and that the definition regarding family was already in the code.

"By listening to people, I understand great perspectives tonight," Rothwell said. "It’s something that needs to be reviewed. This wasn’t written as part of new legislation, this was already in our books, so perhaps it’s time to go back and review that."

Councilman Tim Hubbard said the town’s intention was to ensure the safety of children living in "deplorable conditions" such as fire and entrapment hazards in certain homes.

Written comments on the issue can be submitted to Town Hall until 4:30 p.m. Aug. 27.