My WebLink
|
Help
|
About
|
Sign Out
Home
Search
05/03/2010 Council Packet
LinoLakes
>
City Council
>
City Council Meeting Packets
>
1982-2020
>
2010
>
05/03/2010 Council Packet
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
3/25/2014 11:25:50 AM
Creation date
3/24/2014 3:16:53 PM
Metadata
Fields
Template:
City Council
Council Document Type
Council Packet
Meeting Date
05/03/2010
Council Meeting Type
Work Session Regular
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
94
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
Civil Rights Division Home Page Page 7 of 8 <br />living arrangements are covered by the Fair Housing Act's provisions <br />prohibiting discrimination against families with children. For example, a <br />local government may not enforce a zoning ordinance which treats group <br />living arrangements for children less favorably than it treats a similar <br />group living arrangement for unrelated adults. Thus, an ordinance that <br />defined a group of up to six unrelated adult persons as a family, but <br />specifically disallowed a group living arrangement for six or fewer <br />children, would, on its face, discriminate on the basis of familial status. <br />Likewise, a local government might violate the Act if it denied a permit to <br />such a home because neighbors did not want to have a group facility for <br />children next to them. <br />The law generally recognizes that children require adult supervision. <br />Imposing a reasonable requirement for adequate supervision in group <br />living facilities for children would not violate the familial status provisions <br />of the Fair Housing Act. <br />Q. How are zoning and land use matters handled by HUD and the <br />Department of Justice? <br />The Fair Housing Act gives the Department of Housing and Urban <br />Development the power to receive and investigate complaints of <br />discrimination, including complaints that a local government has <br />discriminated in exercising its land use and zoning powers. HUD is also <br />obligated by statute to attempt to conciliate the complaints that it <br />receives, even before it completes an investigation. <br />In matters involving zoning and land use, HUD does not issue a charge of <br />discrimination. Instead, HUD refers matters it believes may be <br />meritorious to the Department of Justice which, in its discretion, may <br />decide to bring suit against the respondent in such a case. The <br />Department of Justice may also bring suit in a case that has not been the <br />subject of a HUD complaint by exercising its power to initiate litigation <br />alleging a "pattern or practice" of discrimination or a denial of rights to a <br />group of persons which raises an issue of general public importance. <br />The Department of Justice's principal objective in a suit of this kind is to <br />remove significant barriers to the housing opportunities available for <br />persons with disabilities. The Department ordinarily will not participate in <br />litigation to challenge discriminatory ordinances which are not being <br />enforced, unless there is evidence that the mere existence of the <br />provisions are preventing or discouraging the development of needed <br />housing. <br />If HUD determines that there is no reasonable basis to believe that there <br />may be a violation, it will close an investigation without referring the <br />matter to the Department of Justice. Although the Department of Justice <br />would still have independent "pattern or practice" authority to take <br />enforcement action in the matter that was the subject of the closed HUD <br />investigation, that would be an unlikely event. A HUD or Department of <br />Justice decision not to proceed with a zoning or land use matter does not <br />foreclose private plaintiffs from pursuing a claim. <br />Litigation can be an expensive, time - consuming, and uncertain process <br />for all parties. HUD and the Department of Justice encourage parties to <br />group home disputes to explore all reasonable alternatives to litigation, <br />including alternative dispute resolution procedures, like mediation. HUD <br />attempts to conciliate all Fair Housing Act complaints that it receives. In <br />addition, it is the Department of Justice's policy to offer prospective <br />defendants the opportunity to engage in pre -suit settlement negotiations, <br />except in the most unusual circumstances. <br />http:// www. usdoj .gov /crt/housing /final8_1.php 8/17/2009 <br />
The URL can be used to link to this page
Your browser does not support the video tag.