As the Tau Delta Phi fraternity moved back into its house Thursday, its attorney said State College Borough's ruling that the property is a rooming house is no longer a problem.
The organization gained university recognition Tuesday night from Penn State's Interfraternity Council, meaning the property satisfies the zoning ordinance definition of a fraternity house, attorney Bernie Cantorna said.
"Right now they are a legal rooming house, and tomorrow they can be a legal fraternity if they want," Cantorna said. 'That issue goes away."
Cantorna's comments were confirmed by Borough Zoning Officer Herman Slaybaugh, who said the fraternity would be granted a fraternity house permit if it is university-recognized.
Tau Delta Phi members returned home Thursday, after they were displaced by a fire Feb. 26, said Tau Delta Phi philanthropy chairman Kevin Haslam.
Though the fraternity can now exist as a rooming house or a fraternity house, it still sent representatives to Thursday's State College Planning Commission meeting. Sandy Deveney, a member of the corporation that owns the 240 N. Burrowes Road house, presented arguments against a proposal that would ban on-campus rooming houses.
Deveney told the board that the proposed change would give Penn State a monopoly on on-campus housing, and prevent property owners from being able to operate their land under their free will.
IFC President Luke Pierce and University Park Undergraduate Association President Gavin Keirans attended the meeting as well, saying they wanted to become more familiar with the situation. Both said they wanted to ensure that the residents of Tau Delta Phi and other fraternity houses were treated fairly under any decision made by the commission.
Penn State is attempting to purchase the property through a clause in its deed that says the house must be used as a chapter or fraternity house for the Pennsylvania Theta Chapter of the Phi Delta Theta Fraternity.
Cantorna agreed, saying he believes Penn State should reconsider its position in the lawsuit.
"I'm curious what Penn State has to say," Cantorna said. "It certainly makes their arguments more difficult to make."
The Planning Commission decided to table the rooming house issue until November.
University attorney James Horne was unavailable for comment.
