Throughout Berks County, local officials are trying to figure out how to respond to requests to open up group homes for people with disabilities in residential neighborhoods.
On December 9th, 2020, the City of Reading Zoning Hearing Board voted 4-0 to deny a variance request to allow two individuals with disabilities to live together in a R-1 Residential neighborhood. In a similar decision in September, the West Reading Zoning Hearing Board voted 2-1 against a variance to allow a group home for individuals recovering from drug and alcohol addiction. The property owner, Easy Does It Inc., filed an appeal in the Berks County Court to overturn the Board’s decision on December 3rd.
The Fair Housing Act is a federal law which prohibits a broad range of housing practices that discriminate against individuals on the basis of race, color, religion, sex, disability, familial status, and national origin. Federal laws, such as the Fair Housing Act, take precedence over conflicting state and local laws. Which each zoning appeal must always be treated by the specific circumstances of the property, and there may be other non-discriminatory concerns, it is not up for debate that any zoning ordinance that doesn't allow group homes in all residential areas violates the Federal Fair Housing Act.
The US Department of Justice and the US Department of Housing and Urban Development jointly state that municipal policies “imposing restrictions or additional conditions on group housing for persons with disabilities that are not imposed on families or other groups of unrelated individuals” are a practice which violates federal law. Further, HUD and the DOJ state that “an ordinance prohibiting group homes in single family neighborhoods” is a facial violation of the Fair Housing Act.
These statements have been backed by increasingly proactive legal action against municipalities that violate Fair Housing Law. On Tuesday, November 24th, the US Department of Justice filed a lawsuit against Hinsdale, Illinois, for violating the Fair Housing Act by refusing to allow group homes from operating in single-family residential districts. 2 weeks later, on December 7th, the DOJ filed another lawsuit alleging that the town of Wolcott, Connecticut violated the Fair Housing Act by denying a special use permit to open a residence for 13 adults with mental health disabilities.
Many Berks municipal zoning ordinances contain nearly identical provisions to those that are being targeted by the DOJ. A 2014 Analysis of Impediments to Fair Housing Choice study conducted by Berks County and the City of Reading found that several local zoning ordinances were found to be in violation of the Fair Housing Act as they relate to the provision of group homes.
- In seven of the ordinances which were reviewed, group homes are neither mentioned nor regulated.
- In only one ordinance, group homes are explicitly permitted wherever single-family detached homes are permitted.
- Four of the ordinances placed exceptionally restrictive conditions on the siting of group homes in their municipalities. These included:
- Dispersal requirements ranging from 750-1,000 linear feet from another similar facility within the municipality.
- The need for the building to appear as if it is a traditional single-family home.
- Extra off-street parking requirements for residents and staff ranging from one space per employee to one space for each employee and resident.
- Limiting the maximum number of residents.
The Reading-Berks Association of REALTORS® is committed to upholding Fair Housing Law and educating local officials on the importance of following the Fair Housing Act when making decisions about land use and zoning. At the national level, REALTORS® have supported legislation to expand the Act to prohibit discrimination against LGBT individuals.
It is clear that neither the City of Reading nor the Borough of West Reading have any intent to discriminate against individuals with disabilities; both municipalities have a long history of promoting anti-discrimination policies. However, in the light of the most up-to-date DOJ policies, it is incumbent upon all of us to ensure that municipalities uphold the Fair Housing Act by changing zoning laws and making reasonable accommodations that are necessary to allow an equal opportunity to enjoy those rights.