On Monday, the S.C. Supreme Court upheld a zoning ordinance that banned students from creating rooming houses in the city by limiting the number of unrelated people who could share a home to three.
Former South Carolina Attorney General Henry McMaster had challenged the law, claiming that the zoning ordinance was unconstitutional. However, the court rejected McMaster’s argument in a 5-0 vote.
The decision aims to help residential areas throughout South Carolina prevent USC college students from renting and moving into homes typically meant for families. There are often complaints about students that require them to hire an underage drinking defense lawyer.
McMaster argued that the court’s decision to use “broad police powers” will lead to an inevitable slump in the university real estate market. He said the ordinance violates the Constitution’s due process clause.
However, the court concluded that this ordinance is constitutional and aims to prevent the undesirable consequences and effects of “mass student congestion.” By exercising this decision, the city hopes to harness the number of students piling up in single-family residences within city limits.
Through his company PJM Properties, McMaster owns property on Gregg Street in the University Hill neighborhood near USC.
Danny Crowe, a Columbia lawyer representing the interests of the S.C. Municipal Association, said the ruling isn’t meant to be a broad ban on all unrelated people living together and that there will be exceptions, such as the elderly living with caregivers or young professionals living together.
