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Armstrong v. Mayor | 979 A.2d 98 (2009)

As we forge strong, long lasting bonds throughout life’s adventures, many of us expand or even redefine the group of people we consider family. With such evolving notions, both individually and within society as a whole, family can be a tricky term to define. In the 2009 matter of Armstrong versus Mayor, we examine one city’s attempt to do just that in the context of a city ordinance.

Cresmont Properties sought to develop a multiunit residential building in Baltimore City. The residential building, called Cresmont Loft, was to hold 26 4-bedroom suites. Each bedroom was to be occupied by an individual tenant, each with his own lease. The leases provided that suitemates would share common areas, including a kitchen and bathroom.

Baltimore City code required that any dwelling unit be occupied by one family only. The code also provided that up to four unrelated cohabitants could also satisfy the definition of family if they formed a single housekeeping unit. The term single housekeeping unit, however, wasn’t defined.

Douglas Armstrong and other neighborhood residents opposed the building project and the city’s issuance of occupancy permits to Cresmont for its 26 dwelling units.

Armstrong and others filed an appeal with the city’s Board of Municipal and Zoning Appeals, challenging the city’s decision to grant Cresmont the permits and asserting that the building actually represented 104 rooming units. The board determined that the 4-bedroom suite arrangement satisfied the code’s family criteria and affirmed the city’s decision to issue permits for the 26 dwelling units. Ultimately, the appellate court agreed to review the matter to determine whether Cresmont Loft was comprised of 26 dwelling units for 26 families.

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