Durham Town Council modifies zoning to allow four unrelated college students in residences

February 22, 2025 | Special Committee on Housing, House of Representatives, Committees , Legislative, New Hampshire


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Durham Town Council modifies zoning to allow four unrelated college students in residences
In a recent meeting of the New Hampshire Special Committee on Housing, significant discussions emerged regarding zoning ordinances affecting housing availability, particularly in college towns like Durham. The committee addressed House Bill 457, which aims to reform local zoning laws that restrict the number of unrelated individuals living together in single-family homes.

Currently, at least seven municipalities in New Hampshire, including Durham, enforce zoning rules limiting unrelated occupants to three individuals per household. This regulation has drawn criticism for exacerbating the housing shortage, particularly for college students at the University of New Hampshire (UNH), where rental prices average around $3,000 per month. Proponents of the bill argue that such restrictions infringe on property rights and economic freedom, limiting housing options for students and young professionals who often need to share accommodations to afford rent.

Representative Farrington, a UNH student, highlighted the challenges posed by the current zoning laws, stating that they not only restrict housing supply but also discriminate against students who may not have the financial means to live alone. He emphasized that while a family of eight can occupy a home, a group of five unrelated students cannot, which he described as illogical given the ongoing housing crisis.

In contrast, local officials, including Durham Town Administrator Todd Selig, defended the existing regulations, arguing that they help maintain neighborhood integrity and safety. Selig noted that the town has recently adopted a workforce housing overlay district and revised its zoning to allow up to four college students to live together in all zoning districts, while limiting larger groups to specific commercial zones. He expressed concerns that House Bill 457, if passed without amendments, could undermine these local efforts to manage student housing effectively.

The committee also discussed the implications of the bill on fire safety regulations, as exceeding four unrelated occupants triggers stricter safety requirements, including the installation of sprinkler systems. This distinction is rooted in the belief that families, regardless of their composition, are more likely to look out for one another's safety compared to unrelated individuals living together.

As the committee continues to deliberate on House Bill 457, the discussions reflect a broader tension between the need for affordable housing and the desire of local governments to regulate the impact of student populations on residential neighborhoods. The outcome of this legislation could significantly reshape housing dynamics in college towns across New Hampshire, highlighting the ongoing struggle to balance community interests with the pressing demand for housing solutions.

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