COM 0067.031 2006-2008 - Laserfiche WebLink

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JOINT STATEMENT OF THE DEPARTMENT OF JUSTICE AND THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMRNT t:ROUP HOMES, LOCAL LAND USE, AND THE FAIR HOUSING ACT Since the federal Fair Housing Act ("the Act") was amended by Congress in 1988 to add protections for persons with disabilities and families with children, there has been a great deal of litigation concerning the Act's effect oa the ability of loco] governments to exercise control over group living arrangements, particulazly for persons with disabilities. The Department of Justice has taken ari active part in much of this litigation; often following referral of a matter by the Deparanent of Hutuu~g az~d Urban Development ("hIUD"}. This joint statement provides an overview of the Fair I-Touring Act's requirements in this area. Specific topics are addressed in more depth in the attached Questions and Answers. The Fair Housing Act prohibits a broad ranite of practices that discriminate aeain~ individuals on the basis of race color religion, sex, na Tonal ongin, fatniltal status, and dtsabthty u The Act does not pre-empt local zoning laws. However, the Act applies to municipalities and other 1~ ,aft s`~,g gnvay~ e t ~ jti~_e gad nmhibiiG th from aking znnjng or land ice dtcici ns or ~e s Ca implementing land use nolicics that exclude or otherwise discriminate against protected persons, G~ a includinc individuaj~ withdisabilitic~; The Fair T-lousine Act makes it unlawful To utilize land use policies or actions that treat groups of persons with disabilities less favorably than cirouys of non-disabled persons. An example would be an ordinance prohibiting housing fbr persons with disabilitic~ ur a specific type of disability, such as mental illness, from locating in a pazticulaz area, while allowing other groups of utuelated individuals to live together in that araa. To tape action against or deny a permit for a home because of the disability of individuals who live r_g would live ere. An example would be douyutg a building permit for a home because it was intended to provide housing for persons with mental retardation. To refiise to make reasonable accommodations inland ttsC and zoning policies and procedures where such accommodafions may be necessary to afford parsons or groups of persons with disabilities an equal ogportunity to use and enjoy housing. • What constitutes a reasonable accommodation is a case-by-case detemtination. • Not all requested modifications of rules or policies aze reasonable. Tf n requested modification imposes an undue financial or administrative burden on a local government, or if a modification Creates a fuudamcntal aitcration in a local government's land use and zoning scheme, it is not a "reasonable" accommodation. The disability discrimination~rovisions of the Fair Housing Act do dot extend to ersons who claim to be disabled solely on the basis of haven been ad'udicated a Juvenile dehn uent, having a criminal record, or being a sex o en er. urthetrxtorc, the Fair easing Act door not protest rsons who currently use illegal drugs, persons who have been convicted of the manufacture or 0 ~Ca~~p ~~g 1 O Z0 39Cd OON L6959ZE Ol:Li teeaistita