constitutional-law us-constitution testimony civil-rights
Forced to sign an affidavit not to violate the law in the future?
<p>I applied to my Connecticut city’s Building Dept. for a permit to finish my basement, which will not have a bedroom and therefore not require an egress window.  In order to issue me a permit, the zoning inspector wants me to sign an affidavit that I will not allow anyone to live (e.g., sleep, cook) in the basement.  Is the City’s request legal considering that I am being forced to swear to abide by a law in the future?  If so, what prevents the government from requiring all Americans to swear that they will not violate any law, so that the next time they get a parking ticket not only will they have to pay the small fine, but they can be imprisoned for committing perjury?</p>

<h2>The request is legal</h2>
<p>The advantage to the city of having the affidavit is that you are entering into a contract not to use the space as a living area. Therefore, if you do, the city has to option of prosecuting you for a criminal offence <em>or</em> suing for breach of contract. In the first case, the affidavit will help them meet their burden of proof beyond reasonable doubt, in the second they only need to prove the breach on to the lower burden of balance of probabilities. In either case, it also demonstrates that your lawbreaking was intentional in that you definitely knew it was illegal.</p>
<p>In fact, it’s a bit light on. Many local governments would require a covenant on the land so that it binds not just you but all future owners.</p>
