This page offers the constraints on regulation, as well as information on the laws that apply how authorities have approached regulating structures. Overview - though is not a definition of a group house, that term has come to refer with disability, physical or mental. As have efforts, the rise in the numbers was contentious. Consequently, federal and state laws have tried to cover the discrimination these homes have undergone, largely. The updated paper provides a breakdown of the problems involving regulation and the siting of group homes. Statutes - Federal Fair Housing Act Amendments of 1988 - 42 U.S.C. 3601 et seq.
Washington Housing Policy Act - RCW 35.63.220, RCW 35A.63.240, RCW 36.70.990: No may enact or maintain an ordinance, development law, zoning law or official control, policy, or administrative practice that treats a residential structure occupied by people with handicaps differently than a comparable home structure occupied by a family or other unrelated people. As utilized from this section, handicaps are as defined from the national fair housing amendments act of 1988. RCW 70.128.140: An adult family house must be considered a home use of property for zoning as well as public as well as private utility rate purposes. Adult houses are a permitted use from all areas zoned for home or commercial purposes, including areas zoned for single family dwellings.
Selected Court Decisions\/Attorney General Opinions - Federal Case Law - City of Edmonds v. Oxford House, Inc., 514 U.S. 725 - FHAA violated by zoning ordinance - The U.S. Supreme Court held this the 1988 Fair Housing Act amendments prevent a town from enforcing a zoning that limits the number of unrelated persons who can live from a dwelling located from an area zoned for single family use, if no comparable constraints are imposed on all residents of all dwellings. Cir - ADA applies to zoning orders - The Ninth Circuit Court of Appeals held this Title II of the Americans with Disabilities Act as well as Section 504 of the Rehabilitation Act are applicable to zoning ordinances. Gamble v. City of Escondido, 104 F.3d 300 - Group house denial based on size upheld - The city denied a conditional use permit application to build a single family residence of 10, 360 sq legs with eight bedrooms as well as twelve bathrooms to house 15 elderly disabled adults with the lower part acting as an adult daycare facility.
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