Frequently Asked Questions Regarding Group Homes

The formal term for a group home is "group home for the handicapped", and is defined in Section 11-1-6 of the Mesa City Code as, "A dwelling shared as their residence by handicapped persons who reside together as a single housekeeping unit, in which staff persons may provide supervision, counseling, treatment or therapy for the residents therein, and which may be licensed by, certified by, registered with, or otherwise authorized, funded or regulated, in whole or in part, by an agency of the state or federal government. The term shall include adult care homes, homes for the chronically mentally ill, group care agencies, and similar residential living arrangements for handicapped persons, but shall not include boarding houses, homes for the developmentally disabled, nursing homes, substance abuse treatment facilities, or any facility providing treatment, counseling, or therapy to patients or clients who do not reside on the premises."

All cities must allow group homes. Under the Americans with Disabilities Act (ADA), Fair Housing Act (FHA) and Fair Housing Amendments Act (FHAA), communities have a legal obligation to allow group homes.

Congress intended that individuals with handicaps be given the same protections from discrimination as racial and ethnic minorities and that any practice, if it has the effect of making housing unavailable to people with disabilities or segregates them in the community, will be considered discriminatory. (H.R. Rep. No. 711, 100^th Congress, 2^nd Session (1998)) Moreover, "discrimination" includes a refusal to make reasonable accommodations in rules, policies, practices, and services when such accommodations are necessary to afford handicapped persons an opportunity to use and enjoy a dwelling.

Similarly, if as a practical matter, the only way certain people with disabilities can live in a community is to share a residence with other, unrelated people, the "reasonable accommodation" requirement prevents enforcement of a rule prohibiting occupancy by unrelated people.

According to the Department of Housing and Urban Development:

No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap:

• Refuse to rent or sell housing
• Refuse to negotiate for housing
• Make housing unavailable
• Deny a dwelling
• Set different terms, conditions or privileges for sale or rental of a dwelling
• Provide different housing services or facilities
• Falsely deny that housing is available for inspection, sale, or rental
• For profit, persuade owners to sell or rent (blockbusting) or
• Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.

Courts have ruled that group homes for the handicapped must be allowed in all residential zoning categories.

3. How do ADA and FHAA define a handicap?

In 1988, the FHAA expanded the definition of handicapped. It now includes those who:

• Have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental retardation) that substantially limits one or more major life activities

In order to comply with federal law, the City of Mesa defines handicapped as "A person who: 1) has a physical or mental impairment which substantially limits one (1) or more of such person's major life activities; 2) has a record of having such an impairment; or 3) is regarded as having such an impairment. However, "handicapped" shall not include current illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substance Act [21 United States Code 802]). (Mesa City Code 11-1-6)

No. Cities cannot violate federal law. In fact, according to the Congressional Record (H.R. Rep. No. 711, 100^th Congress, 2^nd Session (1998)), the Fair Housing Amendments Act (FHAA) "is intended to prohibit the application of special requirements through land-use regulations, special covenants, and conditional or special use permits that have the effect of limiting the ability of such individuals to live in the residence of their choice in the community."

No. The rules of a homeowners association or CC&R’s, just like cities, cannot violate federal law. Any requirement or special rule placed upon a group home by a homeowners association would be in conflict with federal law.

The City has been regulating group homes for the handicapped since 1993. Group homes established in Mesa must have a distance of at least 1200 feet from any other group home. Group homes are required to have a license with the City of Mesa, unless licensed with the State of Arizona. Single residence dwellings that contain group homes are limited to ten residents, exclusive of staff.

Group homes for the handicapped must either have a state license or a city license. As a practical matter, adult care homes and juvenile homes all get state licenses. Most recovery homes, however, get a City license. Failure to comply with the City Code or to secure a license is a violation of the zoning code and may be subject to the following:

1) The property owner will be notified by Code Compliance that they are in violation of the City's zoning regulations and will be given a timeframe in which to comply.

2) If the property owner fails to comply within the given time, the owner will be issued a civil citation and has the option of paying a $50.00 minimum fine and correcting the zoning violation.

3) The property owner can contest the charges before a Civil Hearing Officer.

4) If the Civil Hearing Officer finds the property owner guilty of the violation, the Officer can impose a fine of between $50.00 and $500.00 and will instruct the property owner to correct the violation. If not paid, the fine will constitute a lien against the property and will be recorded with the Maricopa County Recorder.

5) If a property owner is found to have committed three violations within a twenty-four month period, the owner is considered to be a "habitual offender" and may be charged with a criminal misdemeanor. The Mesa City Prosecutor is authorized to file formal charges against the owner.

6) If the property owner is convicted of a criminal misdemeanor, the Court may impose a sentence not to exceed six months in jail; or a fine not to exceed $2,500.00, and be required to correct the violation.

The City of Mesa works closely with group homes that fail to obtain a license to ensure compliance with both state and municipal regulations. The City’s main goal is to ensure that proper licensing guidelines are followed. In most cases, group homes that fall into this category are willing to work with the City and all efforts are made to reach compliance without civil or criminal litigation.

(Information taken from Section 11-1-5 of the Zoning Regulations for the City of Mesa.)

If any resident of the group home is non-ambulatory, ADA requirements are invoked. Virtually all adult care homes require ADA compliance because of the age of the residents. Most recovery homes do not require ADA compliance because the residents are all ambulatory.

Yes. They are not exempt from requirements to maintain the exterior of their building in compliance with the City’s code. If they have violations of that code, they will be cited by Code Compliance and subject to the same timetables for compliance as any other residence.

If the group home is licensed by the State, oversight is provided through the Arizona Department of Economic Security (DES) or the Arizona Department of Health Services (DHS). If the home is licensed through the City of Mesa, the home must be in compliance with fire, building, and zoning regulations, just like any other single family residence.

According to HUD:

It is illegal for anyone to:

• Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right
• Advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or handicap. This prohibition against discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act.

For questions about a specific group home, please contact the City of Mesa’s Planning Division at 480-644-2183. Since all group homes are required to register with the City, records will show which agency has jurisdiction over a particular home.

Questions about ADA compliance should be directed to the Disability Rights Section of the U.S. Department of Justice at 800-514-0301.

FHA and FHAA compliance is administered through the U.S. Department of Housing and Urban Development at 202-708-1112.

Disclaimer: This document does not represent the official views or opinions of the City of Mesa. The questions and answers are meant to serve as a guide for Mesa residents who have questions about group homes and do not represent an official legal opinions.