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government's failure to respond to a request for reasonable accommodation or an inordinate delay in responding <br />could also violate the Act. <br />Whether a procedure for requesting accommodations is provided or not, if local government officials have previously <br />made statements or otherwise indicated that an application would not receive fair consideration, or if the procedure <br />itself is discriminatory, then individuals with disabilities living in a group home (and/or its operator) might be able to go <br />directly into court to request an order for an accommodation. <br />Local governments are encouraged to provide mechanisms for requesting reasonable accommodations that operate <br />promptly and efficiently, without imposing significant costs or delays. The local government should also make efforts <br />to insure that the availability of such mechanisms is well known within the community. <br />Q. When, if ever, can a local government limit the number of group homes that can locate in a certain area? <br />A concern expressed by some local government officials and neighborhood residents is that certain jurisdictions, <br />governments, or particular neighborhoods within a jurisdiction, may come to have more than their "fair share" of <br />group homes. There are legal ways to address this concern. The Fair Housing Act does not prohibit most <br />govemmental programs designed to encourage people of a particular race to move to neighborhoods occupied <br />predominantly by people of another race. A local government that believes a particular area within its boundaries has <br />its "fair share" of group homes, could offer incentives to providers to locate future homes in other neighborhoods. <br />However, some state and local governments have tried to address this concern by enacting laws requiring that group <br />homes be at a certain minimum distance from one another. The Department of Justice and HUD take the position, • <br />and most courts that have addressed the issue agree, that density restrictions are generally inconsistent with the Fair <br />Housing Act. We also believe, however, that if a neighborhood came to be composed largely of group homes, that <br />could adversely affect individuals with disabilities and would be inconsistent with the objective of integrating persons <br />with disabilities into the community. Especially in the licensing and regulatory process, it is appropriate to be <br />concerned about the setting for a group home. A consideration of over -concentration could be considered in this <br />context. This objective does not, however, justify requiring separations which have the effect of foreclosing group <br />homes from locating in entire neighborhoods. <br />Q. What kinds of health and safety regulations can be imposed upon group homes? <br />The great majority of group homes for persons with disabilities are subject to state regulations intended to protect the <br />health and safety of their residents. The Department of Justice and HUD believe, as do responsible group home <br />operators, that such licensing schemes are necessary and legitimate. Neighbors who have concerns that a particular <br />group home is being operated inappropriately should be able to bring their concerns to the attention of the <br />responsible licensing agency. We encourage the states <br />to commit the resources needed to make these systems responsive to resident and community needs and concerns. <br />Regulation and licensing requirements for group homes are themselves subject to scrutiny under the Fair Housing <br />Act. Such requirements based on health and safety concerns can be discriminatory themselves or may be cited <br />sometimes to disguise discriminatory motives behind attempts to exclude group homes from a community. <br />Regulators must also recognize that not all individuals with disabilities living in group home settings desire or need <br />the same level of services or protection. For example, it may be appropriate to require heightened fire safety <br />measures in a group home for people who are unable to move about without assistance. But for another group of <br />persons with disabilities who do not desire or need such assistance, it would not be appropriate to require fire safety <br />measures beyond those normally imposed on the size and type of residential building involved. <br />Q. Can a local government consider the feelings of neighbors in making a decision about granting a permit <br />to a group home to locate in a residential neighborhood? <br />In the same way a local government would break the law if it rejected low-income housing in a community because of <br />neighbors' fears that such housing would be occupied by racial minorities, a local government can violate the Fair <br />Housing Act if it blocks a group home or denies a requested reasonable accommodation in response to neighbors' <br />stereotypical fears or prejudices about persons with disabilities. This is so even if the individual government decision - <br />makers are not themselves personally prejudiced against persons with disabilities. If the evidence shows that the <br />75 <br />