Q. Don’t zoning laws limit where a group of unrelated individuals can rent a house?
Fortunately, the 1988 Amendments to the Federal Fair Housing Act prohibit discrimination against handicapped individuals. This prohibition requires local governments to make a reasonable accommodation in their zoning laws to enable handicap individuals to effectively deal with their disability.
Q. Are recovering alcoholics, drug addicts and those with co-occurring mental illness really handicapped?
Yes, because alcoholism, drug addiction and mental illness are handicapping conditions. Oxford House, Inc. litigated the issue and in 1995 the United States Supreme Court considered the issue in City of Edmonds, WA v. Oxford House, Inc. et. al. 514 US 725 (1995). In that case the Court found that alcoholics and drug addicts were handicapped within the meaning the law and therefore a protected class requiring that local governments make a reasonable accommodation in zoning laws restricting groups of unrelated persons to live together. Since then courts have found that the same protection applies with respect to fire safety standards and rates charged property owners for property insurance coverage. In fact, Oxford Houses must be treated the same as ordinary families.
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