Can the Law Stamp Out Discriminatory NIMBY. Municipal Liability Under the Fair Housing Act for Resistance to Affordable Housing. Contact Information. Michael Allen Relman & Dane, PLLC 1225 19th Street, N.W., Suite 600 Washington, D.C. 20036-2456 202/728-1888, ext. 114
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Municipal Liability Under the Fair Housing Act for Resistance to Affordable Housing
Unequal Treatment-Different procedural steps are required, and special rules are applied because people with disabilities will live in the property
A local zoning ordinance violated the Fair Housing Act because it required public notice and a hearing only for group homes, and prohibited residence by “exceptional persons” who could not exit the property without assistance.
Disparate Impact-a density requirement prohibits development of affordable housing and it disproportionately affects African Americans and Hispanics who would live in the housing
“Even where individual members of government are found not to be biased themselves, liability may still be imposed where discriminatory governmental actions are taken in response to significant community bias.”
Things Local Governments Can Do To Comply with Civil Rights Laws and Create an Environment More Conducive to the Development of Affordable Housing
Bazelon Center for Mental Health Law