Judge Delays Enforcement of Crowding Law

Enforcement of the city’s ordinance banning residential overcrowding will be delayed through Thursday, a Superior Court judge ruled late Friday.

Judge Floyd H. Schenk, who earlier this week upheld the new city ordinance, issued a stay so the opposing side could appeal his decision to a higher court.

“It gives me enough time to be able to press the issue to the court of appeals, and allow them to process our request before we have what we would call a false start in the code enforcement,” said attorney Richard L. Spix of the immigrants rights group, Hermandad Mexicana Nacional.

Spix said he would also be asking the appellate court to delay enforcement of the ordinance until the case is heard at that level.

Schenk ruled that the city had the right to enact the ordinance, which imposes strict minimum square-footage requirements for dwellings. Under the city’s calculations, a one-bedroom apartment would now be limited to five people, half of what had been allowed by an earlier appellate court ruling regarding an old city ordinance.