Housing Quotas for People with Disabilities: Legislating Exclusion

Urban Lawyer 43(4): 915–47, 2011

By: , Daniel Mandelker

http://landuselaw.wustl.edu/Articles/Quota%20Article%20Final.pdf
Report a broken link

Group Housing

This article from the journal The Urban Lawyer provides a thorough critique of the legal and rationale justifications for group home separation requirements. It considers the legality of these quotas under the federal Fair Housing Act, and argues that they equate to a constitutional equal protection violation. The article describes the universe of housing models available for people with disabilities and examines the problem of clustering that occurs when this housing locates in groups. It describes state and federal legislation that requires minimum distances between and quotas for these uses, and considers their constitutionality under the Constitution's equal protection clause as well as their legality under the federal Fair Housing Act. Finally, it discusses more acceptable models for distributing housing opportunities.