4.6 1. Special Use Permits Required Only for Group Homes
| Library | Disability Law and Practice, Vol. 3 (NY) 2017 |
1.. Special Use Permits Required Only for Group Homes
In 1985 the Supreme Court struck down a zoning ordinance because it violated the equal protection clause of the U.S. Constitution. The ordinance required that group homes for people with developmental disabilities obtain a special use permit, although any other group of people, related or unrelated, could live in the zoning district without obtaining a special use permit.43 The Court found no rational basis for treating a home for developmentally disabled persons differently than other homes.
The drafters of the FHAA intended to make such disparate...
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