03-13-18 CC RPT 03 - Laserfiche WebLink

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WORKSHOP ON RESIDENTIAL RECOVERY FACILITIES AND GROUP HOMES. • Page 2 Cities have greater authority to regulate quasi -commercial living arrangements in residential zones where no services are being provided and such regulations are enacted without regard to or discriminating against the protected class of the residential occupants. This would include non -licensed group homes and illegal boarding houses masquerading as sober living homes. In the event of quality of life issues, as with violations at any other single family residence, the City may use its code enforcement tools to require corrections, prosecute violations, and obtain injunctions. LEGAL FRAMEWORK: FAIR HOUSING LAWS All regulations and actions must comply with state and federal fair housing laws. These include the California Fair Employment and Housing Act (Government Code Section 12900 et seq., the federal Fair Housing Amendments Act (42 U.S.C. Section 3601 et seq.), and the American with Disabilities Act (42 U.S.C. Section 12101, et seq.). "Disabilities" include, drug addiction and alcoholism. Section 12955(1) of the California Government Code, states that it is unlawful to: ". . .discriminate through public or private land use practices, decisions, and authorizations because of race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, or ancestry. Discrimination includes, but is not limited to, restrictive covenants, zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law ... that make housing opportunities unavailable." The legislative history of the federal housing amendments, at House Report No. 100-711, 100th Cong 2d Sess. 24, states: "742 U.S.C.] Section 3604(f) (2)] is intended to prohibit restrictive covenants ... which have the effect of excluding, for example, congregate living arrangements for persons with [disabilities]. "Another method of making housing unavailable to people with disabilities has been the application or enforcement of otherwise neutral rules and regulations on ... land use in a manner which discriminates against people with disabilities ... These and similar practices would be prohibited."