A federal
judge recently held that the city of Baton Rouge officials discriminated against
recovering alcoholics and drug addicts, by attempting to prevent them from
living in group homes leased in single-family neighborhoods. The judge
concluded that Baton Rouge violated the Fair Housing Act and the Americans with
Disabilities Act by refusing to grant Oxford House (a group home) a reasonable
accommodation to its Unified Development Code (UDC). The court also found that the
City violated the Act by engaging in intentional discrimination against Oxford
House because of their association with disabled persons; enforcing a facially
discriminatory zoning provision in the form of its “Special
Homes” ordinance and retaliating against the plaintiffs after they filed a
fair housing complaint with the U.S. Department of Housing and Urban
Development (HUD) and a fair housing lawsuit in federal court.
Oxford
House, Inc., is a nation-wide network of group homes for persons recovering
from alcoholism and drug addiction. All Oxford Houses adhere to three major
concepts: they are financially self-supporting, democratically run, and evict
any resident that returns to active substance use. Each resident is required to obtain employment and to contribute
$400 per month toward the household lease and other expenses. Any resident
caught using drugs or alcohol would be expelled by the other members of the
house, and anyone found not to have reported another person’s use of drugs or
alcohol would also be expelled. Individual Oxford Houses create a family
atmosphere to allow residents to benefit from the therapeutic support of their
peers in helping them stay clean and sober and recover from their addictions.
However,
in 2011, the City of Baton Rouge filed suit in state court against the owners
of two Oxford Houses claiming that the houses were in violation of the UDC
because more than two unrelated persons were living in a single-family home
zoned as A-1. An
A-1 zoning is for single-family
residences and it defines a single family as an individual or two or more
persons not related by blood. Oxford House filed a fair housing complaint and
lawsuit against the City, after the City denied multiple reasonable
accommodation requests from Oxford House in relation to the two
properties. Under the Act, residents of Oxford Houses are considered to
be people with disabilities. Thus, a failure to provide reasonable
accommodation to the UDC was a violation of the Act.
This case
is a good example of the difficulties that people with disabilities face in the
housing sector. Many are turned away from housing because of their disabilities
and they resort to sleeping in the streets. The same attitude applies to
assisted living, nursing and mental institutions. Many cities and
municipalities attempt to prevent the building of such facilities, by enacting
zoning ordinances. By doing so, they
discriminate against one of the most vulnerable groups in our society. This attitude is mainly based on the
misconception that such facilities lower the value of homes and lead to an
increase in crimes in the areas where they are situated. As James Perry, the Executive Director of the
Greater New Orleans Fair Housing Action Center (GNOFHAC) noted, “People
recovering from addiction need a stable, supportive environment in order to be
successful…” The federal court’s decision, upholds the civil and housing rights
of people with disabilities, and it is hoped that the City of Baton Rouge will
affirmatively strive to do the same.
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