T H E P R E S C O TT E X P E R I E N C E

RECOVERY RESIDENCES

GROUP HOME

• Unrelated Handicapped Persons• Living together• Residents generally incapable of living

independently• Home provides care on some level• Licensed by State• Residents generally stay for extended period of

time

RECOVERY RESIDENCE

• Unrelated persons with a disability (recovering from alcohol or drug abuse)• Living together• Residents are capable of self-care and

independent living, may drive and work• Care usually not provided but may be subject to

“house rules” requiring attendance at 12-step or other program• State does not license; May be certification from

industry organization

FAIR HOUSING ACT

• Original Act (Title VIII of the Civil Rights Act of 1968) prohibited discrimination in housing but did not include “handicapped” or “disabled” persons• 1988 Amendments extended protections to

disabled persons• Disability defined same as ADA• Includes persons recovering from alcohol and

drug addictions

FHAA APPLICATION TO ZONING

• Prohibits local governments from • making zoning and land use decisions or • implementing land use policies • that exclude or otherwise discriminate against

handicapped persons

• Reasonable accommodations may be made• Civil actions available:• Disparate treatment • Disparate impact• Failure to reasonably accommodate

REASONABLE ACCOMMODATION

• In rules, policies, practices or services• May be necessary to afford disabled person equal

opportunity to use and enjoy a dwelling• Case-by-case determination• Examples:• Raise maximum occupancy level• Ease parking restrictions

PRESCOTT’S EXPERIENCE

• Original ordinance:• “Family” - One or more persons living together as a

single housekeeping unit in a dwelling unit. • “Single Housekeeping Unit” • Up to 6 unrelated people living together• Functional equivalent of traditional family• Joint use and responsibility• Single lease (if rented)• Residents decide who lives there and for how long

• 1200 foot separation requirement• Required registration

COMPLAINTS

• HUD: • Definition of “family” excludes group homes of any size• Regulations impose burdensome restrictions on group

homes • Did not provide for requests for reasonable

accommodation

• Individual• Owned 10 recovery residences in Prescott• Because of separation requirements, 4 of his homes were

required to close• Disparate impact claim

THE CONSULTANT’S STUDY

• Two types of “Community Residences”• Family Community Residence• Traditional group home• Emulates traditional family• Residents receive care and are there “permanently”• Residence, not treatment, is primary function• Residents may have developmental disabilities, mental

illness, physical disabilities, includes frail and elderly

• Transitional Community Residence• Residents stay shorter periods measured in months or weeks• Care may or may not be provided• Residents need to relearn life skills & rehabilitation

RECOMMENDATIONS OF STUDY

• FHAA does not prohibit requiring a conditional use permit for transitional community residences• Limit number of persons in “family”• Provide for reasonable accommodations with

regulation that does the following:• Is intended to achieve a legitimate governmental purpose• Must achieve that legitimate government purpose• Zoning restriction must be the least drastic means

necessary to achieve the legitimate government purpose.

PRESCOTT’S AMENDED ORDINANCE

• Redefined “Family”• Any person living alone• Any of the following groups living together as a single

housekeeping unit• Any number related by blood, marriage, adoption,

guardianship or other custodial relationship with nor more than 2 unrelated individuals providing care, assistance or domestic employees;

• 2 unrelated persons and their children or foster children;• 4 unrelated persons

• Does not include: society, nursing home, club, boarding or lodging house, dormitory, fraternity, sorority, group whose association is seasonal or similar in nature to a resort, motel, hotel.

MORE DEFINITIONS

• Deleted definition of “Single Housekeeping Unit”• Defined “Community Residence”• 5-12 unrelated persons with disabilities in need of mutual support• May self-govern or be supervised by sponsoring entity • Provides habilitative or rehabilitative services• Seeks to emulate biological family, normalize residents and integrate

them into surrounding community.• Family Community Residence• No more than 4 people with disabilities• No limit on stay• Tenancy measured in years

• Transitional Community Residence• Temporary residence• More than four people with disabilities• Tenancy measured in months

OTHER PROVISIONS

• 800 foot separation requirement • Family Community Residences permitted in ALL

residential zoning districts• Transitional Community Residences permitted:• By right in all multi-family and several commercial zoning

districts• With CUP in single family zoning districts

• All must meet separation distances and satisfy licensing or certification requirements

• Reasonable Accommodation Waiver to permit a community residence for more than 12 persons with disabilities

WHAT NOW?

• Ordinance was sent to HUD• To date, no response from HUD

OUR RECOVERY RESIDENCE EXPERIENCE

• Gilbert – March 27, 2014• No CUP – Permitted by right in all single-family and multi-

family residential zoning districts• 1200 foot separation (measured from closest property line)• Occupancy not to exceed 2 residents per bedroom or 3

residents in the largest bedroom with maximum of 11 residents

• Chino Valley – July 8, 2014• CUP required in single-family zoning districts• Permitted by right in multi-family and commercial light

zoning districts• 5280 foot separation (measured from closest property line)• Occupancy limited to 2 residents per bedroom

MORE ON GILBERT AND CHINO VALLEY

• Similarities:• Definitions of “Recovery Residence” and “Single

Housekeeping Unit”• Registration required (primarily to determine compliance

with separation distances• Both require O & M plan to be submitted with registration• Procedure for Reasonable Accommodations• No signs or other exterior indication of recovery

residence

QUESTIONS?