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In The News 2008-2009

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Are Property Owners Getting Hung Out to Dry?

Emily Cobb

October 8, 2008

In the wake of new concerns about energy consumption, many homeowners are in search of ways to reduce their carbon footprint. One such way is through the use of clotheslines, as opposed to using an electric (or gas) dryer. About 5.8 percent of residential electricity use goes towards the clothes dryer, according to DOE EIA statistics from 2001. But for some homeowners, using clotheslines is simply not an option.

This is because some properties have "restrictive covenants" which either restrict the use of clotheslines, or ban them entirely. Such restrictions can often be found in subdivisions, or in areas governed by homeowners associations. "Nationwide, about 60 million people now live in about 300,000 "association governed" communities, most of which restrict outdoor laundry hanging, says Frank Rathbun, spokesman for the Community Associations Institute, an Alexandria, Va., group that lobbies on behalf of homeowners associations."

Originally, concerns over aesthetics and property values motivated the decision to implement such rules. In response, some states (Florida, Utah, and Hawaii) have enacted "right to dry" legislation, which has the effect of making the restrictive covenants unenforceable. Because most of the emerging "right to dry" laws have recently been enacted, their effect has yet to be seen

Several other states have considered enacted similar legislation. An entire movement has been started by Alexander Lee, called "Project Laundry List." Even news organizations such as the New York Times, Wall Street Journal, TIME magazine, and the Christian Science Monitor have covered this emerging issue, giving it some media time on a national level.

While this debate is often characterized as involving "stuffy snobs" on one side and "tree-hugging hippies" on the other, the legal issues presented should make for a very interesting year in many state legislatures.

Sources:

http://www.laundrylist.org (follow "Electric dryers use five to ten percent of residential electricity in the United States!" hyperlink).

Anne Marie Chaker, The Right to Dry: A Green Movement is Rolling America, The Wall Street Journal, available at http://online.wsj.com/public/article/SB119007893529930697.html.

Caitlin Carpenter, As an Energy-Saver, the Clothesline Makes a Comeback, Christian Science Monitor, Aug. 24, 2007, available at http://www.csmonitor.com/2007/0824/p01s03-ussc.html.

Elizabeth Rosenthal, A Line in the Yard: The Battle Over the Right to Dry Outside, N.Y. Times, Apr. 17, 2008, available at http://www.nytimes.com/2008/04/17/world/americas/17clothesline.html?_r=2&oref=slogin&oref=slogin.

Elisabeth Salemme, Fighting for the Right to Dry, TIME, Nov. 21, 2007, available at http://www.time.com/time/magazine/article/0,9171,1686822,00.html.