ELR Citation: ELR 20302
No(s). 73-191 (U.S. Apr 1, 1974)

The Court upholds a New York village zoning ordinance restricting occupancy per dwelling to a single family, and defining "family" as persons related by blood, adoption, or marriage, or not more than two unrelated persons, living together as a single housekeeping unit. The Court finds the ordinance meets the constitutional standard in that it is reasonable and bears a rational relationship to the permissible state objective of promoting traditional family values. The ordinance inflicts no procedural disparity upon some but not others, and does not deprive plaintiffs of any fundamental right, the Court holds. The Court reverses the decision of the Court of Appeals for the Second Circuit, which had voided the ordinance. Justice Brennan dissents on grounds the case is moot, while Justice Marshall, dissenting, declares the ordinance impermissibly overbroad.

Counsel for Plaintiffs-Appellees
Lawrence G. Sager
New York University Law School
40 Washington Sq. South
New York, NY 10012

Arthur Eisenberg
84 Fifth Ave., Suite 300
New York, NY 10011

Melvin L. Wulf
Burt Neuborne
22 East 40th St.
New York, NY 10016

Counsel for Defendants-Appellants
Bernard E. Gegan
Beacon Hill Rd.
Port Washington, NY 11030