Protecting Freedom of Speech and Neighborhood Safety Under the Fair Housing Act: Hearing Before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, Second Session, September 5, 1996 |
Other editions - View all
Common terms and phrases
action Amendment rights apply Attorney barriers to affordable BILBRAY bill Burney CANADY Chairman Cisneros citizens civil rights Commission complaint concerns Congress CONNER convicted felons costs court decision Department of Housing Department of Justice disabilities discrimination discriminatory drug addicts dwelling enforcement Fair Housing Act Federal Government filed FRANK frivolous lawsuits group homes handicapped Henry Cisneros homes for recovering House's Housing and Urban HUD guidelines HUD investigation HUD's impact inclusionary zoning individuals ISHIMARU issue Jack Kemp Justice Department Kemp lawsuit legislation litigation live Mayor ment mental Mullins municipalities Naperville Nashua neighbors NIMBY occupancy Oxford House Oxford House-Mallard persons plaintiff problem proposed protect public hearings reasonable accommodation recovering drug addicts registered sex offenders regulations regulatory barriers request residential neighborhoods residents restrictions Safety Code single-family special use permit subcommittee Thank tion unrelated Urban Development Village of Palatine violation zoning ordinance
Popular passages
Page 26 - It is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States.
Page 109 - It is not meant by this, however, to exclude the possibility of cases where the general public interest would so far outweigh the interest of the municipality that the municipality would not be allowed to stand in the way.
Page 18 - Mr. Chairman, members of the subcommittee, I thank you for the opportunity to appear before you...
Page 66 - Nothing in this title limits the applicability of any reasonable local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.
Page 40 - ... a pig in the parlor and not in the barnyard," as the Supreme Court put it in Ambler Realty v. Village of Euclid. In many cases, as when a group home for six or fewer people with mental retardation is proposed for a single-family neighborhood, the answer will be "yes.
Page 20 - ... the tendency of recovering addicts to backslide, complaints could be filed against you personally. HUD could investigate and demand that you enter a voluntary agreement to refrain from such conduct or face civil penalties. In at least one instance, very reliable sources have reported to Mr. Conner that a former governor's staff screened his mail to make sure he did not have a chance to read such politically incorrect input from his constituents, thanks to a consent agreement he entered into with...
Page 109 - Attempts to push homesharing in some of these communities, allowing elderly homeowners to use part of their homes as rental units, are prohibited by local zoning codes that may be holdovers from the 1960s and 1970s when, in an attempt to discourage hippie communes, unrelated individuals were prohibited from subdividing the same house. Suzanne Hayes, Community Development Director Cook County Department of Policy, Planning, and Development, Cook County, Illinois In the West: In King County, Washington,...
Page 96 - ... family budget, a home reasonably close to the wage earner's place of work. Unfortunately, too many American families today cannot fulfill their version of that dream because they cannot find affordable housing. The cost of housing is being driven up by an increasingly expensive and time-consuming permit-approval process, by exclusionary zoning, and by well-intentioned laws aimed at protecting the environment and other features of modem-day life. The result is that fewer and fewer young families...
Page 32 - Defendants' argument that their lawsuit was protected by the First Amendment, finding that the lawsuit sought an illegal discriminatory objective and had no reasonable basis in law. Indeed, the Court found that the evidence suggested that Defendants...
Page 20 - we can afford to sue under the zoning law, but we couldn't afford to take on a federal suit, and the developer has promised to file a HUD complaint and if we go to court. Our lawyer says our suit is valid, but HUD might determine otherwise. He says HUD could investigate us, and that the Justice Department could sue for civil damages. If there is any risk of that, my neighbors and I must abandon our case because we are persons of very modest means.