Agenda - 04-15-2008-3d - Laserfiche WebLink

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- Oran a Coun North Carolina - AIFCH - 2007 9 tY~ multifamily complexes can unduly burden families with children by isolating them in densely populated, high traffic commercial areas. In summary, entitlement grantees should regularly review their zoning and building regulations, especially if such a review has not been conducted since the enactment of the Fair Housing Amendments Act of 1988. 9.2 focal Review of Zoning Codes Since the passage of the Fair Housing Amendments Act in 1988, local public officials have expressed concern over its impact on zoning and land use decisions. There have been numerous court actions, administrative hearings and other reviews of local ordinances. Many of these centered on the definition of "families" and relationships of the ordinances to group homes or congregate living. Also present in the mix of these decisions and actions are restrictive definitions of "family" found in many ordinances. In our review of the local zoning ordinance, three areas in the definition section (Article 22) were reviewed closely: • Dwelling unit • Family • Group homes We applaud the inclusion of foster children in the definition. The one concern, while minor, is with the wording: "...or a group of not more than three persons who need not be related in a dwelling unit." We question why it is necessary to place a number on those persons permitted to live as a family. Not all occupancy limits are questionable under the Fair Housing Act. Indeed, the Fair Housing Act specifically exempts certain kinds of occupancy restrictions from scrutiny. Section 3607(b)(1) of the Act states that nothing in the title limits the applicability of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. In the case of Edmonds V. Oxford House, Inc., the Supreme Court cited this section in ruling that capping the number of occupants in a group home in order to prevent overcrowding in living quarters" is permissible under the Fair Housing Act. In other words, restrictions that apply uniformly to all people, whether related or not, cannot be subject to discrimination lawsuits. However, the Court went on to hold zoning ordinances may violate the Fair Housing Act if it defines family units or maximum occupancy differently for related and unrelated people. It should be noted that the Court did not decide whether such a zoning ordinance is per se discriminatory under the FHA. One way to avoid liability might be to consider removing family composition rules from the zoning ordinance and instead place occupancy limitations which would apply uniformly to all people, related or not. The National League of Cities offers the following definition of family which it believes to be consistent with the Fair Housing Act. 33