Group Home: To what extent can a City regulate Group Homes in residential areas?
The Fair Housing Act prohibits discrimination based upon handicap and the term discrimination includes a refusal to make reasonable accommodations when such accommodations are necessary to permit a handicapped person to enjoy the use of a dwelling. The Fair Housing Act does allow an exception for maximum occupancy limits, and therefore a City can restrict the number of persons that occupy a dwelling in a residential area if, generally, there is a reasonable basis for the number. As the City is required by federal law to make reasonable accommodations in its zoning laws for handicapped individuals, the City should not, as a condition for locating in a residential zone, require a permit, variance or special exception for persons that are unrelated by blood but which otherwise constitute the functional equivalent of a family. Zoning ordinances that regulate families in residential zones should not be based upon the blood relationships of the persons occupying the residence.
