COM 0067.031 2006-2008 - Laserfiche WebLink

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~perfortning manual tasks, caring for one's self, learning, speaking, or working. The Fair Housing Act also prouets persons who have a record of such an impaimrent, or are regarded as having such an impairmCnt. Current useLS Of i11Cga1 Controlled subslanccs, Perseus convicted for illegal manufacture or distribution of a controlled Substance, sex offenders, and juvenile offendCrs, are not considered a isablcd under the Fair Housing Act, by vimie of that status. ~~~o 'I'}te Fair T-Iousine Act affords no protections to individuals with or without disabilities who V resent a diiect tlueat to the Zersons or }ro}arty of others. DeterminhAg wbethcr someone poses such a direct threat must be made on an individualized basis, however, and cannot be based nn gcncral -assumptions oz spcoulation about the nature of a disability. Q. What kinds of local zoning and land use laws relating to group homes violate the Fair Housing Act? Local zonin¢ and land use laws that treat prnups of unrelated persons with 3isabilities less favorably than similar trroups of unrelated persons without disabilities violate the Fatr Housing ~p'C Act. For example, suppose a city's zoning ordinance defines a "family" to include up to 5tx 0E`~~ unrelated persons living together as a household unit, and gives such a group of unrelated ~ persons the riglrt to live in any caning district without special pemiission.:f that ordinance als 0 xF disallows a group home for six or fewer people with disabilities in a certala district ur roquires this home to seek a use permit, such requirements would conflict with the Fair Housing Act. The ordinance treats persons with disabilities worse than persons without disabilities. A Inral ova ernment may ec orally restrict the abili of ou s of unrelated arsons to live to ether as lop as the restrictions are im osed on all such pups. us, to the case where a farnily is defined to include up to six utuelate peoplC, an or mance would not, on its face, violate the Act if a group home for seven people with disabilities was nut allowed to locate in a use G~PV single family Zoned neighborhood, because a group of seven unrelated people without SQL disabilities wuuld also be disallowed. However, as discussed below, bena~ar.,persons with pro m'tt disabilities arC also entitled to request reasonable accommodations in rules and policies, the roue home for seven nersnns with disabilities would have to be given the opportunity to seek an exception or waiver. If the ariteria for reasonable a~tton are met, the petmii woad tl eve ~to be given in that instance, but the ordinance would not be invalid in all circumstances. Q. What is a reasonable accommodation under the Fair Housing Act? As a general rule, the Fair Housing Act makes it unlawful to refuse to ma}:e "reasonable accommodations" (modifications or Cxceptions) to rules, policies, practices, or services, when such accommodations may be necessary to afford persons with disabilities an equal opportuni~ oc9~~oa~~o< to use or enjoy a dwelling. _ Even thoueh a zoning ordinance imposes on group homes the same restrictions it imposes on ~P other groups of unrelated people, a local government may"Ge iequtre , to to tvt ual cases andL when requested to do so, to Grant a reasonable accommodation to a group home for perso~,with disabilities. For example, it may be a reasonable accommodation to waive a setback requirement so that a paved path of travel can be provided to resideats who have mobility uupairments. A sinular waiver might not be required for a different type of group home where residents do not 3 40 39Cd OON G6959Z(: OZ~LT L00Z/ST/T0