![]() §1437e must do to affirmatively further fair housing and the tool by which they can identify those steps. On August 17, 2015, the United States Department of Housing and Urban Development (“HUD”) adopted the Final Affirmatively Furthering Fair Housing Rule (“AFFH” or “the rule”) which governs what block grant recipients of HUD CPD (Office of Community Planning and Development, a division of HUD) funds and Public Housing Authorities funded under 42 U.S.C. HUD’s Affirmatively Furthering Fair Housing Rule Land use practices should be reviewed with this in mind and exceptions or less restrictive practices that will assist in promoting diverse neighborhoods and communities should be considered. In some instances, zoning or land use practices may be facially neutral but have the effect of limiting the access of one or more protected classes to certain areas or neighborhoods. Jurisdictions receiving block grant funds directly should also examine the potential barriers caused by their land use laws and practices during the creation of their local AIs and as part of certifying to affirmatively further fair housing choice. Local jurisdictions should review best practices for affirmatively furthering fair housing choice and consider their adoption. Incentives for diverse housing stock development such as density, reduced parking requirements, fee waivers or reductions, allowance for accessory dwelling units and public land donations or set asides for housing that accommodates low income and special needs populations.Avoidance of regulations that cast group homes as commercial use and/or require special permits or public disclosure that the homes will serve persons with disabilities.Clarification that group housing for protected classes is treated as residential uses and allowance of such homes in a broad range of zone districts. ![]() Avoidance of minimum house or dwelling unit sizes.Allowance of manufactured homes meeting HUD safety standards in at least one residential district.Enough land should be included in such districts/overlays to allow diversity of housing stock through multifamily development The inclusion of zone districts or overlays that allow the construction of multifamily homes by right.Reasonable lot width and size requirements of residential dwellings.The inclusion of at least one zone district that allows for small lot single family dwellings.A definition of family that includes unrelated persons living together in residential settings.Best Practices for Land Use and Zoningīest practices in land use and zoning regulations as provided in the State's Phase 2 Analysis of Impediments should include: To view Questions and Answers on the Fair Housing Act and Zoning, visit the Joint Statement of the DOJ and the HUD on Group Homes, Local Land Use, and the Fair Housing Act. City of Lake Station, and other relevant examples). To refuse to make reasonable accommodations in land use and zoning policies and procedures where such accommodations may be necessary to afford persons or groups of persons with disabilities an equal opportunity to use and enjoy housing.ĭOJ's Case Summaries page includes several cases filed against City and County governments due to discriminatory zoning policies (see for example U.S.For example: A local government entity denies a building permit for a home because it was intended to provide housing for persons with mental disabilities.To take action against, or deny a permit, for a home because of the disability of individuals who live or would live there.For example: A City creates an ordinance prohibiting housing for persons with disabilities or a specific type of disability, such as mental illness, from locating in a particular area, while allowing other groups of unrelated individuals to live together in that area.To utilize land use policies or actions that treat groups of persons with disabilities less favorably than groups of persons who are not disabled.The Act does not pre-empt local zoning laws however, the Act applies to municipalities and other local government entities and prohibits them from making zoning or land use decisions or policies that exclude or discriminate against protected persons. The Fair Housing Act prohibits a broad range of practices that discriminate against individuals on the basis of race, color, religion, sex, national origin, familial status, and disability.
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