By Signe K. Skinion

Lawsuits filed by an area landlord are pending in state and federal courts, awaiting decisions on whether or not a new policy restricting where freshmen can live is illegal and in the best interest of students.

University Housing proposed a change in policy, beginning in fall 1996, requiring freshmen who are single, under the age of 21 and not living with parents or guardians to live in only University-owned facilities. A federal judge issued an injunction halting the policy from being implemented.

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Freshmen have been allowed in the past to live either in University-approved facilities or University-owned facilities.

S & M Enterprises, the company that owns Stevenson Arms, 600 W. Mill St., a University-approved-off-campus residence hall, filed two lawsuits against SIU one in federal court and one in state court claiming the policy change is illegal for reasons of anti-trust and due process.

Stanley R. Lieber, landlord of the Stevenson Arms who is also an SIU Geography professor, said the state lawsuit deals with due process because there was not adequate time for the owners of the University-approved-off-campus facilities to state their feelings over the policy change.

Judge Richard Aguirre, of the 20th Judicial Circuit in St. Clair County, agreed with S & M Enterprises, stating in his finding on Dec. 14, 1995, due process was not upheld.

Aguirre ordered a preliminary injunction against SIU. This injunction forbids the University from telling freshmen they cannot live in University-approved facilities. No date has been set on when the injunction will be lifted.

There has not been a hearing in federal court regarding the anti-trust issue, but SIUC Chief Trial Attorney Shari R. Rhode filed a motion to dismiss the complaint on Jan. 12th. She said the University did not break the anti-trust law.

The alleged violation of the United States Anti-Trust Law, also known as the Sherman Anti-Trust law, by the proposed change in SIU’s housing policy is completely false, Rhode said.

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The statute says businesses cannot fix prices or regulate their business to beat the competition. Lieber said the University is monopolizing housing for freshmen.

Lieber said the University is restricting where freshmen can live and is taking away students’ choice to live in cheaper and better housing and is not in the best interest of students.

The first significant consequence (of the policy), is for students who can’t afford the extra cost of living in on-campus housing, Lieber said. Five-hundredplusdollars is a significant factor to some when it comes to attending a university. They may not be able to attend SIU.

According to University reports, in fall 1996 a University-owned double room will cost $3,472 for a year and $4,482 for a single room. At Stevenson Arms a double costs $2,750 for a year and $3,000 for a single, Lieber said.

The second consequence is the arbitrary restrictions of their (the students’) choices, Lieber said. The University is basically telling them where they can and cannot live.

Lieber said he feels students will lose out on the new policy if it is enacted.

The main implication is the students will have the privilege of paying more for living on campus, Lieber said. If they (the students) have no choice in where they live, then they get what they get.

Steve Kirk, assistant director of Residence Life, said there are many advantages to living in on-campus housing, but he said he could not comment on the actual litigation.

By living on-campus, students are getting more involved with campus life and getting connected with the University, Kirk said. Also, we do have pretty inexpensive housing, but it is definitely not like an apartment.

The first hearing in federal court has not yet been decided.

University officials said they would not comment on specifics of the case as long as the litigation is pending.