discriminatory effect on persons with disabilities. For example, an ordinance that limits the
number of unrelated persons who may constitute a family may violate the Act if it is enacted for
the purpose of limiting the number of persons with disabilities who may live in a group home, or
if it has the unjustified discriminatory effect of excluding or limiting group homes in the
jurisdiction. Governments may also violate the Act if they enforce such restrictions more strictly
against group homes than against groups of the same number of unrelated persons without
disabilities who live together in housing. In addition, as discussed in detail below, because the
Act prohibits the denial of reasonable accommodations to rules and policies for persons with
disabilities, a group home that provides housing for a number of persons with disabilities that
exceeds the number allowed under the family definition has the right to seek an exception or
waiver. If the criteria for a reasonable accommodation are met, the permit must be given in that
instance, but the ordinance would not be invalid.
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14. How does the Supreme Court’s ruling in Olmstead apply to the Fair Housing Act?
In Olmstead v. L.C.,
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the Supreme Court ruled that the Americans with Disabilities Act
(ADA) prohibits the unjustified segregation of persons with disabilities in institutional settings
where necessary services could reasonably be provided in integrated, community-based settings.
An integrated setting is one that enables individuals with disabilities to live and interact with
individuals without disabilities to the fullest extent possible. By contrast, a segregated setting
includes congregate settings populated exclusively or primarily by individuals with disabilities.
Although Olmstead did not interpret the Fair Housing Act, the objectives of the Fair Housing Act
and the ADA, as interpreted in Olmstead, are consistent. The Fair Housing Act ensures that
persons with disabilities have an equal opportunity to choose the housing where they wish to
live. The ADA and Olmstead ensure that persons with disabilities also have the option to live
and receive services in the most integrated setting appropriate to their needs. The integration
mandate of the ADA and Olmstead can be implemented without impairing the rights protected
by the Fair Housing Act. For example, state and local governments that provide or fund housing,
health care, or support services must comply with the integration mandate by providing these
programs, services, and activities in the most integrated setting appropriate to the needs of
individuals with disabilities. State and local governments may comply with this requirement by
adopting standards for the housing, health care, or support services they provide or fund that are
reasonable, individualized, and specifically tailored to enable individuals with disabilities to live
and interact with individuals without disabilities to the fullest extent possible. Local
governments should be aware that ordinances and policies that impose additional restrictions on
housing or residential services for persons with disabilities that are not imposed on housing or
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Laws that limit the number of occupants per unit do not violate the Act as long as they are reasonable, are applied
to all occupants, and do not operate to discriminate on the basis of disability, familial status, or other characteristics
protected by the Act.
10
527 U.S. 581 (1999).
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