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Innovations in Municipal Regulation of Group Homes, Sober Homes, and Recovery Communities

Gain an understanding of the zoning provisions for community residences and recovery communities that comply with the Fair Housing Act and statewide zoning laws.

Headlines across the nation trumpet the scam artists raking in big bucks with phony sober living homes. Cities, especially in warm climates, are being inundated with sober homes and recovery communities but all too many municipalities respond with overreaching zoning regulations the courts are obligated to strike down for violating the nation's Fair Housing Act. Individual court decisions often seem contradictory. Writing zoning provisions for community residences for people with disabilities (group homes, sober homes, recovery communities, small halfway houses) that comply with the Fair Housing Act and statewide zoning laws is a complicated, very nuanced art and science. This topic reveals the bases for legal zoning for community residences for people with disabilities. It teaches the ins and outs of how to legally zone for the growing variety of community residences for people with disabilities, with a focus on innovative approaches to zoning for sober living homes and recovery communities in accord with the Fair Housing Act. It explains the impact of statewide zoning laws on local zoning for community residences and how to overcome statewide zoning provisions that run afoul of the Fair Housing Act.

Runtime: 87 minutes
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Bases for Zoning for Community Residences for People With Disabilities, Including Sober Homes

  • Underlying Concepts and Essential Core Characteristics of Community Residences Affecting How to Zone for Them
  • Community Residences Defined and Illustrated
  • Recovery Communities Defined and Illustrated
  • How Community Residences Including Sober Homes Differ From Institutional Uses Such as Nursing Homes and Boarding and Rooming Houses, and From Recovery Communities
  • Why so Many Zoning Provisions for Community Residences Run Afoul of the Fair Housing Act

Guiding Principles and Best Practices for Zoning for Community Residences and Recovery Communities

  • How to Make the "Reasonable Accommodation" That the Fair Housing Act Requires
  • Avoiding the Most Common Mistakes by Addressing the Threshold Issue: The Zoning Code's Definition of "Family" or "Household" or the Lack of a Definition
  • How to Make the Requisite Reasonable Accommodation for Community Residences
  • How to Make the Requisite Reasonable Accommodation for Recovery Communities

Implementing Zoning Provisions for Community Residences and Recovery Communities

  • Crafting Narrowly Tailored Standards
  • Making Fact-Based Decisions
  • Protecting the Validity of Your Zoning Provisions
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on February 21, 2019.

Call 1-866-352-9540 for further credit information.

  • AICP 1.25 including Law 1.25
     
  • This course has been approved by the American Planning Association for 1.3 hours of CM credit for AICP members. Additionally, this course has been approved for 1.3 hours of Law Credit.
     
  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • Arizona CLE 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • HI CLE 1.25
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 CLE credit hours.
     
  • IL CLE 1.25
     
  • This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.0
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit under M. Bar R. 12.
     
  • MS CLE 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.45
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.45 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of self-study CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Daniel Lauber, AICP

Daniel Lauber, AICP

Law Office of Daniel Lauber

  • Law Office of Daniel Lauber
  • Practice focused on land use law, fair housing, zoning for community residences for people with disabilities, conducting analyses of impediments to fair housing choice
  • Author of model zoning guidelines for community residences for the American Bar Association and American Planning Association
  • Author of “A Real LULU: Zoning for Group Homes and Halfway Houses Under the Fair Housing Amendments Act of 1988,” in The John Marshall Law Review, Winter 1996, pp. 369–407; analyses of impediments to fair housing choice for the District of Columbia; Fairfax County, VA; Clark County, NV; Naperville, IL; Houston, TX (partial), and many more
  • Principle author of the American Planning Association’s Amicus Curiae Brief for the prevailing side in City of Edmonds v. Washington State Building Code Council, 514 U.S. 725 (1995)
  • Author of zoning amendments governing community residences in Prescott, AZ; Delray Beach, Pompano Beach, Fort Lauderdale, FL; Clark County, NV; and numerous other cities and counties
  • Expert witness in group home zoning cases for the U.S. Department of Justice and numerous group home operators
  • Principal Contributing Consultant to the American Bar Association Advisory Commission on Housing and Urban Growth
  • J.D. degree, Northwestern University School of Law; Master's of Urban Planning, University of Illinois-Urbana; B.A. degree in sociology, University of Chicago
  • Memberships: ABA, Committee on Regulation of Land Use, Chair of the Group Home and Congregate Living Subcommittee; Chicago Bar Association, American Institute of Certified Planners (president 1992-1994, 2002-2005), American Planning Association (president 1985-1986), National Low Income Housing Coalition, Planners Network; American Association on Mental Retardation, Region VI Executive Committee and Legal Advocacy Vice Chair
  • Received an award from the American Planning Association in each of the past four decades
  • Can be contacted at http://www.grouphomes.law, email: [email protected] or 708-366-5200
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Why Lorman?

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Product ID: 404996
Published 2019
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