PLAN COMMISSION Tuesday, February 7, 2012 ... - Village of Palatine

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plan commission tuesday, february 7, 2012 page 2 k) Anupama Pradhan l) Michael and Diane Schmidt 2. Zoning Matrix for surrounding communities 3. Joint statement of Department of Justice and Department of Housing and urban Development Ben Vyverberg suggested continuing consideration of Items #2-4 until the February 21.meeting. Staff members and Attorney Robert Kenny were sworn in. Kenny laid the groundwork for the presentation by describing procedures. He stressed that the process applies to all properties in the village and is not targeted to a specific location. Despite the high interest level of residents from a specific area, he noted that no formal application has been filed for a group home. He urged residents in attendance to be responsive to this text amendment and not focus on a specific group home. He pointed out the unique character of modifying ordinance language regarding group homes. Unlike other local zoning decisions, a federal statute has been interjected as a major factor in Palatine’s consideration of group home regulations. This is the Federal Fair Housing Act Amendments of 1988 as they apply to group homes. Noting that the federal government has in effect preempted some of the local governments’ home rule capabilities in this area, Kenny said that much litigation has arisen regarding the group home aspect of the Fair Housing Act. Local governments are now on notice they cannot adopt local ordinances and/or policies that are: 1. discriminatory in purpose (intentionally seeking to prohibit group homes); or 2. discriminatory in its effect (inadvertently making it impossible for a group home to locate in town); or 3. which fail to make reasonable accommodations for the needs of those covered by the Fair Housing Act. What these findings mean for Palatine, Kenny said, is the village cannot regulate group homes without being subject to federal oversight and that the village needs to be aware of what courts have said about group homes as it proceeds to adopt regulations governing group homes. Kenny said the Fair Housing Act is intended to allow a handicapped person an equal opportunity to use and enjoy a single family home. The Act recognized that multiple residents are required in order to make a group home feasible and viable, both therapeutically as well as financially. The question becomes: How many people can live in a group home? Cases adjudicated and settled under the Fair Housing Act have struck down local ordinances limiting the number of residents to:
plan commission tuesday, february 7, 2012 page 3 8 – recovering alcoholic – St. Louis, Mo 9 – recovering alcoholic – Plainfield, NJ 25 – homeless shelter residents – Caldwell, ID 5 - Traumatic brain injury residents – Skokie, IL 6 – Mental illness residents – Elizabeth, NJ Kenny said that according to the American Planning Association (APA), group homes for mental illness tend to house from six to 15 residents, whereas group homes for the frail elderly have up to 20 residents to be financially and therapeutically sound. Types of persons protected by the Fair Housing Act are those whose handicaps are defined by the Act as: “1) a physical or mental impairment that substantially limits one or more of a person’s major life activities; 2) a record of having such an impairment; and 3) being regarded as having such an impairment.” Two exceptions to the above definition are: 1. those residents who would constitute a direct threat to the health or safety of other individuals or whose residency would result in substantial physical damage to the property of others; 2. people afflicted with the current use of or addiction to a controlled substance. Therefore, those who take drugs legally or who once were but are no longer drug users are protected by the Fair Housing Act. Courts have found the following handicaps to be protected by the Fair Housing Act: 1. Drug and Alcohol addiction recovery 2. Emotional problems 3. Mental illness and retardation 4. Old age 5. Communicable diseases, including AIDS and HIV 6. Traumatic brain injury Kenny said many towns use the special use procedure to deal with group homes, while others impose a long list of conditions that effectively deter group homes from coming to the town. Using courts’ rulings that failure to grant a special use shows a failure on a town’s part to make reasonable accommodation to permit group homes to locate there in many respects has destroyed a town’s ability to prohibit group homes from coming to town, he said. Kenny noted that Palatine has always been welcoming to group homes. Twelve are now spread throughout the community. Palatine, however, did fight the U.S. Justice Department when a home for the recovery of alcoholic dependency decided to disregard the village’s zoning procedures and open in 1993. It was subsequently closed, apparently based on lack of occupancy.
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PLAN COMMISSION Tuesday, February 7, 2012 ... - Village of Palatine

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