HomeMy WebLinkAboutCOM 0067.051 2006-2008 February 7, 2007
Testimony of Matt Claybaugh
President & CEO
Marimed Foundation
County of Hawaii
Bill No. 345
Draft 2 -Proposed Amendment
Amending: Chapter 25, Article I, subsection 25-1-5(b) Definitions ("family" and "Group living facility");
and Chapter 25, Article 2, section 25-2-61 Applicability, use permit required; (Zoning Code) of the
Hawaii County Code 1983 (2005 Edition)
Members of the County Council:
Marimed Foundation OPPOSES proposed Draft 2 to Bill 345.
Bill 345, Draft 2 as written, would reduce existing capacity to serve individuals in group living
facilities and restrict the ability of private non-profit organizations to serve and treat youth and adults
in Department of Health licensed group living homes. Currently, two Ohana houses on a single lot
could treat 5 persons in each house without any additional permitting. Draft 2 would reduce the
number to eight persons in a single house.
Draft 2 is a retreat from existing law and the basic legal requirements of the federal Fair Housing
Act to provide reasonable accommodations fnr disabled individuals. Advocacy Center for Persons with
Disabilities, Inc v. Woodfands Estates Associab'on Inc. 192 F. Supp 2d 1344 (M.D. FI. 200Z); Remed
Recovery Care Centers v. Township of Wiffiston, 36 F. Supp. 2d 676 (E.D. 1999).
It is the public policy of the State of Hawaii to establish community residences in residential areas.
Any impediment which directly or indirectly prevents or restricts a DOH licensed adult residential care
home, intermediate care facilityfinental retardation community, or special treatment facility in
residential areas is contrary to State and public policy and the Fair Housing Act. Haw. Rev. Stat. §
518-3 (2006).
The Council should (a) reject Draft 2; (b) revisit the fundamental reason the State Department of
Health proposed changes to the County zoning ordinances in order to support residential treatment
facilities; and (c) consult closely with the Corporation Counsel about the County's legal responsibilities
under the Fair Housing Ad.
Thank you.
Matt Claybaugh, Ph.D.
President & CEO
Marimed Foundation
46-001 Kamehameha Hwy. Suite 301
Kaneohe, HI 96744
808-236-4900
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