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can be anything, including use or dimensional
<br />variances, amending the regulations, issuing a
<br />building permit even though it is illegal under
<br />the regulations, and allowing a group home to
<br />be considered similar enough to some other
<br />use permitted under the regulations, such as
<br />a bed and breakfast. Being forced to make
<br />a reasonable accommodation is a poor sub-
<br />stitute for good planning and regulation, but
<br />sometimes it may be all you have.
<br />MEET THE NEED, MEET THE LAW
<br />Becoming a group homes guru requires recog-
<br />nizing the need for them, and planning for and
<br />regulating them with a fine-grained approach
<br />to make sure that they are fully integrated with
<br />the rest of the community while protecting the
<br />interests of all stakeholders. It is the right thing
<br />to do, and it is the law. Community opposition
<br />to group homes can often be traced back to
<br />lack of information or misinformation, fear of
<br />negative community impacts, shortcomings
<br />in local procedures that preclude full public
<br />participation in the decision -making process,
<br />outright prejudice and bias, and conflicting in-
<br />terests and development goals (Iglesias zoo2).
<br />The federal Fair Housing Amendments
<br />Act, the principal federal law dealing with mat-
<br />ters of housing discrimination against people
<br />with disabilities, and other federal and state
<br />antidiscrimination laws (including the Ameri-
<br />cans With Disabilities Act, the Rehabilitation
<br />Act, and state -law equivalents), require local
<br />governments to plan for and enable group
<br />homes through reasonable regulation for those
<br />expressly protected under the law. In addition,
<br />it is the responsibility of all of us to provide
<br />safe, clean, decent housing for all citizens,
<br />many of whom can only be accommodated in
<br />group homes.
<br />ABOUT THE AUTHOR
<br />Dwight H. Merriam, FAICP, founded Robinson &
<br />Cole's Land Use Group in 1978, where he repre-
<br />sents land owners, developers, governments,
<br />and individuals in land -use matters. He is past
<br />president of the American Institute of Certified
<br />Planners and received his masters of regional
<br />planning degree from the University of North
<br />Carolina and his Juris Doctor from Yale.
<br />Cover photo: AlexeyVS/Thinkstock
<br />Vol. 33, No. 6
<br />Zoning Practice is a monthly publication of the
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<br />REFERENCES
<br />Apfet, Alicia Hancock.1995• "Cast Adrift: Homeless Mentally Ill, Alcoholicand Drug Addicted." Catholic University Law Review, 44: 551-597.
<br />Available at tinyurl.com/jurw6xh.
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<br />Eagan, Lisa. 2012. "I'm Not A `Person With a Disability': I'm a Disabled Person." XO Jane, November 9. Available at tinyurl.com/brl7axh.
<br />Fry, Hannah. 2015. "Newport Will Pay Group Homes $5.25 Million Settlement." Los Angeles Times, July 16, Available at tinyurLcom/ggyrpnd.
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<br />Kelly, Eric D., ed. 2016. "Section 40.05[31" In Zoning and Land Use Controls. New York: Matthew Bender & Company.
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<br />Law & Zoning Digest, 51(6): 3-7.
<br />Satasky, Prue. 2012. "Group Homes for the Intellectually and Developmentally Disabled Are Taking Shape on the Peninsula." Daily Press, January
<br />24. Available at tinyurl.com/j137h3t•'
<br />U.S. Census Bureau. 2016. "Frequently Asked Questions: Can you tell me more about group quarters (GQ) or group housing facilities in the
<br />American Community Survey (ACS)?" Available at tinyurLcom/zn9dkfy.
<br />U.S. Department of Justice. 2015. "Joint Statement of the Department of Justice and the Department of Housing and Urban Development: Group
<br />Homes, Local Land Use, and the Fair Housing Act," updated August 6. Available at tinyurLcom/ztsy8wf.
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