Appendix B State Fair Housing Statute Digest

• Library: Group Homes: Strategies for Effective and Defensible Planning and Regulation (ABA) (2014 Ed.)

This appendix contains a list of state statutory provisions relating to congregate living facilities for people with disabilities. The statutes listed generally include fair housing laws, provisions limiting the ability of local zoning authorities to restrict group homes, and licensing statutes. Note that state statutes may define "disability" differently from the Federal Fair Housing Amendments Act. Every effort has been made to make this list current as of the date of publication. However, planners and lawyers should consult the most up-to-date statutory provisions when addressing local fair housing issues.

Alabama: Ala. Code § 24-8-4 (prohibits housing discrimination against people with disabilities); § 11-52-75.1 (grants multifamily residence status to group homes for up to 10 people with disabilities in local zoning ordinances).

Alaska: Alaska Stat. Ann. § 18.80.240 (prohibits housing discrimination against people with disabilities).

Arizona: Ariz. Rev. Stat. § 41-1491.19 (prohibits housing discrimination against people with disabilities); § 9-500 (enables cities and towns to enact fair housing ordinances); § 36-582 (grants single-family residence status to group homes for up to 6 people with disabilities in local zoning ordinances); § 36-591 (group home licensing).

Arkansas: Ark. Code Ann. § 16-123-204 (prohibits housing discrimination against people with disabilities); § 20-48-208 (group home licensing).

California: Cal. Civ. Code § 54.1 (prohibits housing discrimination against people with disabilities); Cal. Gov't Code § 12955 (prohibits housing discrimination by government officials); Cal. Welp. & Inst. Code § 5116 (grants single-family residence status to group homes for up to 6 people with disabilities in local zoning ordinances); Cal. Health & Sapety Code §§ 1500-1578 (group home licensing).

Colorado: Colo. Rev. Stat. § 24-34-502 to -502.2 (prohibits housing discrimination against people with disabilities); §§ 30-28-115, 31-23-303 (grant single-family residence status to group homes for up to 8 people with disabilities in local zoning ordinances); § 25.5-10-214 (group home licensing).

Connecticut: Conn. Gen. Stat. § 46a-64c (prohibits housing discrimination against people with disabilities; expressly prohibits clustering of group homes); § 8-3e (grants single-family residence status to group homes for up to 6 people with disabilities in local zoning ordinances); § 17a-227 (group home licensing).

Delaware: Del. Code Ann. tit. 6, § 4603 (prohibits housing discrimination against people with disabilities); tit. 22, § 309 (grants single-family residence status to group homes for up to 10 people with disabilities in local zoning ordinances; state also has county acts that provide same).

District of Columbia: D.C. Code § 2-1402.21 (prohibits housing discrimination against people with disabilities).

Florida: Fla. Stat. § 760.23 (prohibits housing discrimination against people with disabilities); § 760.50 (grants AIDS and HIV patients...