Legislators and others making zoning and land use decisions should ensure that their decisions comply with applicable disability law. While local government officials often have read zoning ordinances, they rarely have read applicable disability laws or even read about them. Given that an estimated 20-30 percent of families have a member with a disability, that is no longer acceptable.

Anyone involved in making zoning and land use decisions should read a recent article on disability law. Here is the abstract. A link to the article is below.

Approximately 20-30 percent of American families have a family member with a disability, many with a mobility impairment. Many people need access to disability services and programs. They need the availability of group homes, senior housing, drug rehabilitation centers, medical marijuana dispensaries, and counseling clinics. This leads to land use disputes.

This Primer is designed for people familiar with property law and land regulation (planning and zoning), and with little experience with disability law. The goal is to present an introduction that facilitates understanding of the intersections between land use law and disability. In general, the legal requirements of primary concern are limited, such that only a few parts of our expansive disability law are most relevant to the vast majority of planning and zoning matters. This Primer will guide the reader through these key provisions. The Acts discussed in this Primer include the Americans with Disabilities Act (ADA), the Rehabilitation Act (RHA), and the Fair Housing Act (FHA).

http://alps.syr.edu/wp-content/uploads/2018/04/JLPS-2018-03-Malloy.pdf

Many thanks to Stetson Law School Professor Rebecca Morgan for her post about this new publication:

http://lawprofessors.typepad.com/elder_law/2018/05/new-article-primer-on-disability-law-for-land-use-zoning.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+typepad%2FlCEC+%28Elder+Law+Prof+Blog%29

http://secdefenseattorney.com/about/

tiger logoLisa Bragança has been an advocate for people with disabilities for many years. She served as Legal Director for a disability rights advocacy organization and is one of the founders of Wilmette Cares, a grassroots organization that advocates for affordable, accessible housing in the Village of Wilmette. In her day job, Lisa (a former SEC Enforcement Division Branch Chief) recovers losses for investors all over the country, protects whistleblowers, and defends individuals and businesses in government investigations.

You can reach Lisa at (847) 906-3460. You can follow Lisa on Twitter @LisaBraganca.

Disclaimer: This information is for general purposes only and should not be interpreted to indicate a certain result will occur in your specific legal situation. The information on this website is not legal advice and does not create an attorney-client relationship.