Spacing Restrictions Make it Necessary to Pursue a Special Use Permit
Relevant Statutes, Regulations, and Ordinances — Every state and locality employs a unique set of definitions and a unique regulatory structure. The primary resources that must be consulted are the statutes, regulations, ordinances, and other sources of policy that are in force in the political jurisdiction where the housing is to be located. Keep in mind that the Fair Housing Act, Americans with Disabilities Act, and other pieces of Federal legislation also apply.
Relevant Legal Precedents — Judgments from past court cases may set precedents for disputes involving Spacing Restrictions issues. For example, learn about the landmark Olmstead v. L.C. decision on the web page of the Bazelon Center for Mental Health Law
- Group Homes, Local Land Use, And The Fair Housing Act, Joint Statement of The U.S. Department of Justice and The U.S. Department of Housing and Urban Development (1999)
- Reasonable Accommodation Under the Fair Housing Act, Joint Statement of The U.S. Department of Justice and The Department of Housing and Urban Development (2004)
- "Reasonable Accommodation" Under The Federal Fair Housing Amendments Act, Robert L. Schonfeld [FNa1] 25 Fordham Urb. L.J. 413 Fordham Urban Law Journal Spring 1998
- Jennings v. N.Y.S. Office of Mental Health, 220 A.D.2d 148, 644 N.Y.S.2d 844 (3d Dep't 1996), leave to appeal granted (Dec. 20, 1996).
- Digest of Cases and Other Resources on Fair Housing for People with Disabilities, Bazelon Center for Mental Health Law (Updated 2004)
- The Siting of Group Homes for People with Disabilities and Children, pp. 15-19, National League of Cities (1999)
Examples of Analyses of Impediments — Good examples are available online, such as the 2001 Regional Analysis of Impediments to Fair Housing, which was prepared for several localities in Minnesota.
- The Fair Housing Act of 1968 — Full Text, See especially 'Discrimination in the sale or rental of housing and other prohibited practices' §3604(f)(3)(B)
- Laying a New Foundation: Changing the Systems that Create and Sustain Supportive Housing, Corporation for Supportive Housing (2003)
- "From "NIMBY" to "YIMBY: How to Get (and Keep) the Government on Your Side in Zoning and Land Use Matters," The NIMBY Report (January 2003 Issue)
- NIMBY Risk Assessment and Decision Tree Tool
- Overview of NIMBY Decision Tree
- How is this Decision Tree Organized?
- Introduction to NIMBY Concepts
- Introduction to Intake and Risk Assessment Questionnaire
- Case Studies