COM 0067.031 2006-2008 - Laserfiche WebLink

Home

delays. The local government should also make efforts to insure that the availability of such mechanisms ;a well known within the community. Q. Whea, if ever, can a local government limit the number of group homes that can locate in a certain area?' A concern expressed by some local government of3iciels and neighborhood residents is that certain jurisdictions, governments, or particular neighborhoods within a lutisdiction, may come to have more than their "fair share" of ou homes. There are legal ways to address this concern. a air Housing Act does not prohibit most governmental progs~un.^. designed to encourage people OY a particular race to move to noibhborhoods occupied predominantly by people of another race. A local governtent that believes a particular azca tvithin its boundaries has its "fair shaze" of group homes, could offer incentives to providers to locate future homes in other neighhorhoodS. However, some state and local governments have tried to address this concern by enacting laws requiring that group hwues be at a certain minimum distance from one ancther. The Department \n of Justice and HUD take the osition, and most coons that have addressed the issue agree, tha ~a\P ~rl 00 dcnsi restrictions are generally inconci.atent with the Farr ousme Act. e so c lave, gra°~ owever, that i a nci hborhood came to be corn ose arc o rou hotnes, that could See lad versel act in viduals with disabilities and would be inconsistent with the ob'ecdve of integrating persons with disa ilities into the communi . Espect yin the licensing and regulatory process, it is appropriate to be concerned about the setting far a group home. A consideration ofover-concentration could be considered in this cutttext. This objective does not, however, justify requiring separations which have the affect of foreclosing. group homes from locating in entire neighborhoods. Q. What kinds of health and safety regulations can be imposed upon group homes? The great majority of group homes for persons with disabilities are subject to state regulations intended to ptrotect the health and safety of their residents. The Department Of justice and HUD believe, as do responsible group home operators, that such licensing schemes azc necessary and legitimate. Neighbors who have concerns that a particular group home is being operated inappropriately should be able to bring their concerns to the attention of tYte responsible licensing agency. We encourage the states to commit the resources needed to make these systems responsive to resident and conununity needs and concerns. Re¢ulation and licensine regLuirements for group homes azc themselves subiect to scrutiny under the Fair Housing Act. Such requirements based on health and safety concerns can be discrirnina[ory themselves or maybe cited sometimes to disguise discriminatory motives behind attempts to exclude group homes from a community. Regttlatnr~ moat also recognize that not all individuals with disabilities living in group home settings desire or need the same level of services or protection. For example, it may be appropriate to require heightened fire safety measures in a group home for people who are unable to move about without assistance. But for another group of persons with disabilities who do not desire or need such assistance, it would not a • o~°ga~ yn0 90 39tid OON L6959Z6 OZ~Gt L00Z/St/i0