4.7 2. Amending Local Laws to Exclude Housing for People With Disabilities

LibraryDisability Law and Practice, Vol. 3 (NY) 2017

2.. Amending Local Laws to Exclude Housing for People With Disabilities

In Easter Seal Society v. Township of North Bergen,47 the locality amended its zoning ordinance 20 days after the plaintiff appeared before the zoning board seeking approval to establish a group home for people with mental illness. The amendment required a conditional use permit, special fencing and additional insurance for community residences. There had been a great deal of community opposition to the establishment of the home. The court enjoined the township from applying the ordinance to the plaintiff, noting that the sequence of events suggested the ordinance was a pretext for illegal...

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