ARLINGTON, Va.—Today, the Institute for Justice (IJ) submitted an amicus brief in a case before the Ohio Supreme Court, asking the court to declare the city of Kent’s ban on more than two unrelated people living together unconstitutional under the Ohio Constitution.
“At a time where affordable housing is hard to come by for many people, the government should be making it easier, not harder, for people to find housing,” said IJ Attorney and Co-Director of IJ’s Zoning Justice Project Bob Belden. “People should be allowed to decide where to live and who to live with, without arbitrary restrictions from the government that serve no legitimate purpose.”
The case against Kent’s ordinance began in 2022, when the city denied a rental license for landlord Reed Havel, who was seeking to use a six-bedroom property to house up to four unrelated individuals. The city’s zoning code bans more than two unrelated people from living in any property zoned for “single-family housing.” Havel appealed the city’s denial of his rental license to the Kent Board of Zoning Appeals in 2022, but that board denied his appeal.
In 2023, Havel took his fight to court. Initially, the Portage County Court of Common Pleas sided with Havel, ruling in part that the ordinance was unconstitutional. But then, the city appealed the case to the Eleventh District Appellate Court, which overturned the lower court. Now, the Ohio Supreme Court will make the final decision.
“The Ohio Constitution provides express protections for property rights, and the Ohio Supreme Court has historically held that those protections are broad and meaningful,” said IJ Senior Attorney Ari Bargil, who co-leads the Zoning Justice Project. “A city’s desire to dictate where people may live, and who they may live with, does not supersede the Ohio Constitution’s protections for property rights. A fundamental aspect of property rights is the freedom to decide who to live with—related or unrelated—on your own property.”
IJ’s brief argues that the 2006 Ohio Supreme Court decision, Norwood v. Horney, which was litigated by IJ, emphasized property protections in the state and requires the state to meet a meaningful legal standard before imposing restrictions on the use of private property. Furthermore, the brief also argues that Ohio’s Constitution—similar to the U.S. Constitution and other state constitutions—protects unenumerated rights, including property rights.
Through its Zoning Justice Project, IJ protects the rights of people to use their property in ways they see fit, free from arbitrary zoning restrictions. This includes building more housing, opening an at-home business, or using one’s property for charitable purposes.