4.10 5. Imposition of Quotas and Dispersal Requirements Upon Group Homes

• Library: Disability Law and Practice, Vol. 3 (NY) 2017

5.. Imposition of Quotas and Dispersal Requirements Upon Group Homes

Many states and municipalities have sought to limit the establishment of group homes for people with disabilities by enacting laws that either require minimum distances between group homes or that prohibit the “saturation” or “overconcentration” of a neighborhood with group homes. Since 1978, New York State has had a site selection law⁵⁷ for licensed community residences housing 4 to 14 individuals with mental disabilities.⁵⁸ It requires that community residences be treated as single-family residences for zoning purposes, effectively removing them from special consideration by local zoning authorities.⁵⁹ However, the Padavan Law also requires notice to local government and public hearings, and it permits a locality to deny the site if it would result in an overconcentration of such homes which fundamentally alters the area.⁶⁰ The statute does not define overconcentration, but many New York State municipalities have interpreted this provision as authority for limiting community residences because they felt that there were either too many or that the residences were too close together.

Almost all courts that have considered FHAA challenges to such...