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Civil Rights Division Home Page <br />Page 1 of 8 <br />Skip to content <br />United States Department of Justice <br />CIVIL RIGHTS DIVISION <br />En Espanol <br />Main Page <br />Division Overview <br />Section Sites <br />FOIA <br />Press Releases <br />Frequently Asked <br />Questions <br />Special Topics <br />Cases & Briefs <br />Recruitment & <br />Employment <br />Contact Us <br />Go to the <br />Department of Justice <br />Privacy Act Statement <br />Search Civil Rights <br />Hints... <br />Feedback Form <br />JOINT STATEMENT OF THE <br />DEPARTMENT OF JUSTICE AND <br />THE DEPARTMENT OF HOUSING <br />AND URBAN DEVELOPMENT <br />GROUP HOMES, LOCAL LAND USE, AND <br />THE FAIR HOUSING ACT <br />Since the federal Fair Housing Act ( "the Act ") was amended by Congress <br />in 1988 to add protections for persons with disabilities and families with <br />children, there has been a great deal of litigation concerning the Act's <br />effect on the ability of local governments to exercise control over group <br />living arrangements, particularly for persons with disabilities. The <br />Department of Justice has taken an active part in much of this litigation, <br />often following referral of a matter by the Department of Housing and <br />Urban Development ( "HUD "). This joint statement provides an overview <br />of the Fair Housing Act's requirements in this area. Specific topics are <br />addressed in more depth in the attached Questions and Answers. <br />The Fair Housing Act prohibits a broad range of practices that <br />discriminate against individuals on the basis of race, color, religion, sex, <br />national origin, familial status, and disability.LU The Act does not pre- <br />empt local zoning laws. However, the Act applies to municipalities and <br />other local govemment entities and prohibits them from making zoning or <br />land use decisions or implementing land use policies that exclude or <br />otherwise discriminate against protected persons, including individuals <br />with disabilities. <br />The Fair Housing Act makes it unlawful -- <br />• To utilize and use policies or actions that treat groups of persons <br />with disabilities less favorably than groups of non - disabled <br />persons. An example would be an ordinance prohibiting housing <br />for persons with disabilities or a specific type of disability, such as <br />mental illness, from locating in a particular area, while allowing <br />other groups of unrelated individuals to live together in that area. <br />• To take action against, or deny a permit, for a home because of <br />the disability of individuals who live or would live there. An <br />http://www.usdoj.gov/crt/housing/final8_1.php 8/17/2009 <br />