What laws apply to the siting of a community residence?
The Federal Fair Housing Act (42 U.S.C. 3601 et seq.): • Prohibits local zoning rules to discriminate in housing opportunities for the disabled; • Makes it unlawful to deny a dwelling to any buyer or renter because of a handicap. The Municipal Land Use Law (N.J.S.A. 40:55 D-66.1 and 66.2) • requires all residential districts in the State to permit new community residences. • Specifically protects community residences that are licensed by the State • Prohibits municipal authorities from excluding group homes from their communities (S.210); and requires DHS to place handicapped individuals in community residences whenever possible (N.J.S.A.30:6-D-13 and N.J.S.A. 30:11B-1) • In addition, State Statute (N.J.S.A. 30:11-B-5) requires DHS to ensure that homes for the handicapped are geographically “available throughout the State without unnecessary concentration.” These living arrangements are established in N.J. S. A. 30:11B-1 et.seq. Stringent standards for opening, licensing and operating
