The Fair Housing Act is designed to ensure that every person has the right to live where they choose without being limited by discrimination. Among those protected by the Fair Housing Act are residents of group homes for individuals with disabilities. According to a joint memo by the U.S. Department of Housing and Community Development and the Department of Justice, a group home may be any dwelling that is or will be occupied by unrelated persons with disabilities. In a group home, a small number of unrelated people with disabilities live together in the community and receive some level of support, supervision, or services. These homes help residents live as independently possible, as the functional equivalent of a family. Group homes are often misunderstood or even opposed by communities, who may fear group homes for people with disabilities will disrupt or change the nature of their neighborhood.
The Fair Housing Act offers protection to ensure that individuals with disabilities who require group home living are not excluded or subjected to different terms and conditions in housing or zoning-related decisions. Under the Fair Housing Act, local governments cannot enforce zoning rules that unfairly restrict group homes, and they must make reasonable accommodations in policies or zoning regulations when necessary to allow people with disabilities equal access to housing. Likewise, landlords or homeowner’s associations cannot refuse to rent to group homes.
Fair Housing protections extend to a broad range of group homes:
- Group homes may serve individuals with any type of physical or mental disability, or individuals with a variety of disabilities.
- Group homes may or may not provide support services or include supervision.
- Group homes may be operated by individuals or organizations, either for profit or nonprofit.
- Group homes may or may not be licensed under a particular state or local program.
- Group homes may include “addiction recovery homes” or “sober homes” for persons who are in recovery from alcohol or drug abuse.
Examples of group homes protected under the Fair Housing Act include:
- Sober living homes that are designed for individuals recovering from substance use disorders. These homes offer a structured, drug- and alcohol-free environment to support long-term recovery.
- Group homes for adults with intellectual or developmental disabilities who want to live independently from their families of origin.
- Transitional housing for people with disabilities experiencing homelessness or reintegration after institutionalization, to provide stability before moving into permanent housing.
- Group homes for veterans who need community support and access to services. These homes are protected under the Fair Housing Act as long as residents meet the definition of having a disability which is defined as a physical or mental impairment that substantially limits one or more major life activities.
- Group homes which provide support for aging adults who may need help with daily living due to disability but want to avoid institutional settings.
Municipal zoning ordinance and local government decisions related to group homes must comply with all Fair Housing Act requirements. Under the Fair Housing Act, zoning ordinances may not contain provisions that treat uses for people with disabilities differently than other similar uses. Generally, group homes for people with disabilities housed in single family homes or other dwelling units should be treated the same as other dwellings and should not be prohibited from being located in any residential district where similar residences are permitted. It is a violation of the Fair Housing Act for local governments to limit group homes for specific types of disabilities, such as drug addiction.
In addition, local governments are required to permit reasonable accommodations for group homes when necessary for residents with disabilities to have an equal opportunity to use and enjoy the dwelling. For instance, the definition of family in a zoning ordinance can affect group homes by restricting the number of unrelated individuals that can occupy a dwelling. While it is permissible for a municipality to implement a nondiscriminatory limit on the number of unrelated persons that may constitute a household, group homes for persons with disabilities are entitled to exceptions to definitions of family as a reasonable accommodation.
Examples of land use and zoning laws or practices related to group homes that may violate the Fair Housing Act include:
- Implementing zoning or land use policies or making decisions that treat group homes for people with disabilities less favorably than housing occupied by households without disabilities.
- Blocking group homes in response to neighbors’ fears or prejudices about persons with disabilities.
- Requiring additional procedural steps or unnecessarily delaying decision making when considering an application for a group home.
- Refusing to make reasonable accommodations for persons with disabilities in land use and zoning policies and procedures.
- Prohibiting group homes in some or all residential districts.
- Requiring group homes to be spaced a certain distance from each other.
- Enforcing zoning ordinance provisions, building or property maintenance codes, nuisance ordinances, or other laws more strictly against group homes than other dwellings.
- Excluding addiction recovery homes.
Group homes allow people with disabilities and other support needs to live with dignity, autonomy, and connection. When communities push these homes out or make it harder for them to operate, they aren’t just violating the law, they are denying people their basic right to belong and live in a community.
The Housing Equality Center of Pennsylvania provides technical assistance and training for local governments on their fair housing responsibilities and obligation to permit group homes for people with disabilities. If you would like to request more information, technical assistance with a fair housing issues or training, please complete the Contact Us form here.
