An appeals board voted yesterday to sustain the six-month rental permit suspension that forced members of Phi Kappa Tau fraternity out of their residence last week.

Citing last year's 11 property-violation points, including refuse and weed violations, furnishing of alcohol to minors, disorderly conduct and loud music, members of the Rental Housing Revocation Appeals Board unanimously agreed to sustain the eviction. After accumulating 10 points, a State College borough property owner receives a borough notice. Phi Kappa Tau fraternity, 408 E. Fairmount Ave., received this notice Oct. 16, informing them of their status as a "nuisance property," according to the borough.

Phi Kappa Tau fraternity's housing permit was suspended Nov. 1, at which time it appealed the borough's decision. Members were notified of the eviction Feb. 8, State College Borough Manager Tom Fountaine said. The suspension resulted after Phi Kappa Tau fraternity decided not to accept a consent agreement with the borough.

"We offered a proposal that would allow them to occupy the house, but they rejected it," Fountaine said.

David Lapinski, the fraternity's adviser, said although he respects the borough's agreement, there were concerns over some of the items the fraternity would have to agree to.

Lapinski said he was disappointed the house wouldn't be able to be used over the summer months.

"Now the property owner has a problem -- we're limited as to how we can use our property," he said. "We want to utilize our facility for fundraising and other events."

Lapinski added that the proposed activities would be in large part alumni functions and not social functions hosted by undergrads.

All activities outside of general renovations are strictly prohibited by the suspension, Fountaine said. Two members are allowed to reside in the facility for security and maintenance purposes, however.

Fraternity members have pledged to take corrective action for their behavior and are now living in the Alpha Kappa Lambda fraternity house on fraternity row, Lapinski said. Although unhappy with the decision, Lapinski said he respects that the organization must pay the price for its actions.

"We want to live in good faith to the suspension," he said. "We're not arguing compliance but now we're forced with how do we go forward in the next few months."

Lapinski also added that he would have been surprised with a different decision, but felt the appeal process was necessary.

"We go forward in the spirit of cooperation," he said.

Members of Tau Kappa Epsilon fraternity were also cited for similar violations but will be able to continue to live in their house, 346 E. Prospect Ave., after signing a consent agreement with the borough.