You asked for a discussion of zoning law and transitional housing for the homeless.

SUMMARY

The law gives municipalities broad discretion in zoning, and zoning can restrict the location of transitional housing, particularly programs that operate group quarters. On the other hand, zoning law is less relevant to programs that house the homeless in apartments. In addition, state law limits the ability of municipalities to restrict the location of certain group homes for the mentally ill, and federal law requires local governments to make reasonable accommodations for people with disabilities in their zoning laws.

TYPES OF TRANSITIONAL HOUSING

Transitional housing can take a variety of forms and serves different populations. Some transitional housing facilities provide group quarters. For example, Homes for the Brave in Bridgeport provides dormitory type accommodations. It primarily serves veterans who have been referred from Fairfield County homeless shelters or who have been treated in the VA Connecticut Healthcare System for chronic health or behavioral problems. Shelter NOW in Meriden provides community housing for single men on the second floor of a homeless shelter. Amos House in Danbury serves families and single women (it accepts single men as a last resort in emergencies). It provides semi-communal living, where each resident has own room but kitchens and baths are shared. The House of Bread transitional living project in Hartford provides rooms in three buildings for men and women recovering from substance abuse.

In contrast, other facilities house the homeless in apartments, either at a single location or in scattered sites. For example, the Jean Wallace house has two- and three-bedroom apartments for homeless families with children in a single building in Bridgeport. The American Red Cross Transition Living Project in Middletown houses families moving from the local homeless shelter and domestic violence shelters in scattered site apartments. Project T. E. A. C. H. in Hartford provides subsidies for scattered site apartments for homeless single adults without children.

ZONING AND TRANSITIONAL HOUSING

State law gives municipalities broad discretion in zoning, and zoning regulations often preclude siting group quarters in residential areas. Residential zones normally allow housing units to be occupied by families, i. e. , people related by blood, marriage, or adoption and zoning regulations typically restrict the number of unrelated individuals who can live in such units. The regulations may allow group quarters by special permit or special exception.

On the other hand, CGS § 8-3g bars zoning regulations from prohibiting “community residences” for certain mentally ill adults in areas zoned for two- or more dwelling units. Such residences may serve as transitional housing for such individuals who were formerly homeless, although the two types of housing are not identical. There is a similar law regarding group homes for the mentally retarded.

“Community residence,” as used in CGS § 8-3g and several related sections, is a facility that (1) houses up to eight mentally ill adults and staff and (2) provides supervised, structured group living activities and rehabilitation and other support services to the residents. The residents must have been discharged from a state-operated or licensed facility or referred by a licensed psychiatrist or psychologist. The mentally ill are people who have mental or emotional conditions that interfere with their ability to function and who need care and treatment. But, for purposes of these statutes, the mentally ill do not include alcohol or drug-dependent persons, people placed into residential homes by the courts or the Department of Correction, people who are dangerous to themselves or others, or people found to be incompetent to stand trial because of mental illness (CGS § 19a-5-7a). In addition, CGS § 19-a-507b bars a new community residence from being established within 1,000 feet of an existing residence, and the total number of people served by existing and proposed residences cannot 0. 1% of the municipality's population.

The siting of group homes may also be affected by federal law. The Fair Housing Amendments Act of 1988 prohibits housing discrimination on the basis of disability. It also requires local governments to “make reasonable accommodations in rules, policies and practices, or services, when such accommodations may be necessary to afford such [disabled] person[s] equal opportunity to use and enjoy a dwelling” (42 U. S. C. § 3604 (f)(3)(B)). The disabled, in this context, includes recovering alcoholics and addicts and people with the human immunodeficiency virus (HIV), many of whom are currently or formerly homeless. However, dwellings do not have to be made available to people who are currently using drugs or who are a direct threat to the health or safety of others. In addition, the law does not apply to reasonable restrictions regarding the maximum number of occupants permitted to occupy a dwelling.

The federal district court for Connecticut found that the prohibition against handicap discrimination applies to state or local land use decisions and practices (Stewart B. McKinney Foundation, Inc. v. Town Planning and Zoning Com'n of Fairfield 790 F. Supp. 1197 (D. Conn. 1992)). Federal courts in other jurisdictions have held that the

reasonable accommodations clause is meant to require towns to take affirmative steps such as making changes, waivers or exceptions to their zoning rules which will give people with disabilities the same housing opportunity as those without disabilities.

Zoning is less relevant for other types of transitional housing. Most zoning regulations will allow two or three unrelated individuals to share housing, including apartment buildings owned by social service agencies, in residentially-zoned areas. Similarly, zoning is generally not an issue for agencies that operate scattered site programs.

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