COM 0067.031 2006-2008 - Laserfiche WebLink

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The law generally recognizes that children require adult Supervision. Imposing a reasonable requirement for adequate supervision in group living facilities for children would not violate the familial status provisions of the Fair Housing Act. Q. IIOW are zoning and land use mnllcrs handled by IITJD and the Depnrtmont of Sustice? The Fair Housing Act gives the Department of Housing and Urban Development the power to receive and investigate complaints of discrimination, including complaints that a local government has discriminated in exercising its land use and zoning powers. HUD is also obligated by Statute to attempt to conciliate the complaints that it receives, even before it completes an investigation. In matters involving zoning and ]and use,1-IUD does not issue a charge of discrimination. Instead, HUD refers mattcxs it believes may be meritorious to the Department of justice which, in its discretion, may decide to bring suit against the respondent in such a case. !']rc Aepartmurt of Justfce may also bring suit in a case that has not been the subject of a hPJD complaint by exercising iLi puwcr to initiate litigation alleging a "pattern or practice" of discrimination or a denial of rights to a group of persons which raises an issue of general publ' c importance. The Department of Justice's rinci al ob'ective in a suit of this kind is tore ove si nificant amers to a housin o ortunities available for ersons with disabilities. The Department ordinarily wr not parite[pate in litigation to challenge discriminatory ordinances wluch arc not being enforced, unless there is evidence that the mere existence of the provisions are preventing or discouraging the development of needed housing. ff T-ND determines that there is no reasonable basis to believe drat there may be a violation, it will close an investigation without referring the matter to the Department of Justice. Although the Aepartment of Justice would still have independent "pattern or practict:" authority to take enforcement action in the matter that was the subject of the closed HUD irtvcstigation, that would be an unlikely event. A HUD or Department of Justice decision not to proceed with a zoning or land use mattcx does not £oraclose psivate plaintiffs from purauing a claim. Litigation can be an expensive, time-consuming, and uncertain process fot all parties. H'UD and the Department of Justice encourage parties to group home disputes to explore all reasonable alternatives to litigation, including alternative dispute resolution procedures, like mediation. HiJD attempts to Conciliate all Fair Housing Act complaints that it reeeivec. In addition, it is the Department of Justices policy to offer prospective defendants the opportu-tity to engage inpre- auit Battlement negotiations, except in thr. most unusual circumstances. 1. The Fair Housing ACt uses the term "handicap." This document uses [hr. term "disability" which has exactly the same legal meaning. 2. There are groups of unrelated persons with disabilities who choose to live together who do not consider their living arrangements "group homes," and it is inappropriate to consider therm "group homes" as that concept is discussed in this statement. 7 80 39tld OOr L6959Z8 OZ:LT L00d/ST/T0