Group Homes — What Will The Community Residence
Location Planning Act Mean To Your Municipality?

By THOMAS G. FITZSIMMONS
Executive Director

The Illinois General Assembly overwhelmingly approved House Bill 2286. On September 1, 1989, Governor Thompson signed into law the Community Residence Location Planning Act (Public Act 86-638). This new state law is a direct response to federal Fair Housing Amendments Act of 1988 effective on March 12, 1989. These new laws pertain to housing practices involving discrimination on the basis of handicap or disability. How do these new laws affect your municipality? What is being done to help municipalities comply with the newly enacted laws? Who can help your municipality? These are but a few of the many questions on local officials minds.

First, the Illinois Municipal League is working with several groups and municipalities to unravel the unknown provisions of these new laws. Several lawsuits against municipalities in Illinois have already been filed. The federal Justice Department is empowered to bring suit for violation of the federal law. There remain many questions that should be resolved in the future.

Second, what does the Community Residence Location Planning Act provide? The Act mandates that the corporate authorities of each home rule municipality submit to the Illinois Planning Council on Developmental Disabilities by July 1, 1990, a plan that sets forth the measures taken or that will be taken to assure the adequate availability of sites for community residences.

Specifically, as set forth in the Act — "each plan shall, at a minimum, demonstrate that adequate provisions be made to:

(1) provide sites for community residences serving persons with disabilities in areas otherwise zoned primarily for single family residential use; and

(2) comply with the provisions of the federal Fair Housing Amendments Act of 1988, 102 Stat. 1619 (1988)."

The Council shall review these plans to determine their adequacy and convene public hearings in communities which have failed to submit plans or whose plans were determined to be inadequate.

This review will result in a report to the Illinois General Assembly by January 31, 1991, which will include recommendations for legislative action concerning the provision of an adequate number of sites for community residences within the State for persons with disabilities.

The Council has awarded a contract to Planning/Communications to assist municipalities in submitting their plan. The Illinois Municipal League is working with the Council on the information needed and what type of document would best serve as a plan. The information sought will involve zoning ordinances that authorize location of group homes or homes for the disabled. The League is suggesting that a survey be developed that allows municipalities to answer questions about zoning ordinances and how they are implemented for disabled housing. Those responses would essentially be the plan for the home rule municipalities.

The Council, Planning/Communications, the League and others will also work together to try and establish recommendations for accommodating any zoning changes that may be necessary. The League is representing all municipalities in an attempt to facilitate compliance with the new federal law. In the interim it is essential that all municipalities, when reviewing zoning requests for group homes for disabled, not discriminate. •

Page 6 / Illinois Municipal Review / March 1990