1. THE PRESCOTT EXPERIENCE RECOVERY RESIDENCES

2. GROUP HOME Unrelated Handicapped Persons Living together Residents generally incapable of living independently Home provides care on some level Licensed by State Residents generally stay for extended period of time

3. RECOVERY RESIDENCE Unrelated persons with a disability (recovering from alcohol or drug abuse) Living together Residents are capable of self-care and independent living, may drive and work Care usually not provided but may be subject to “house rules” requiring attendance at 12-step or other program State does not license; May be certification from industry organization

4. FAIR HOUSING ACT Original Act (Title VIII of the Civil Rights Act of 1968) prohibited discrimination in housing but did not include “handicapped” or “disabled” persons 1988 Amendments extended protections to disabled persons Disability defined same as ADA Includes persons recovering from alcohol and drug addictions

5. FHAA APPLICATION TO ZONING Prohibits local governments from making zoning and land use decisions or implementing land use policies that exclude or otherwise discriminate against handicapped persons Reasonable accommodations may be made Civil actions available: Disparate treatment Disparate impact Failure to reasonably accommodate

6. REASONABLE ACCOMMODATION In rules, policies, practices or services May be necessary to afford disabled person equal opportunity to use and enjoy a dwelling Case-by-case determination Examples: Raise maximum occupancy level Ease parking restrictions

7. PRESCOTT’S EXPERIENCE Original ordinance: “Family” - One or more persons living together as a single housekeeping unit in a dwelling unit. “Single Housekeeping Unit” Up to 6 unrelated people living together Functional equivalent of traditional family Joint use and responsibility Single lease (if rented) Residents decide who lives there and for how long 1200 foot separation requirement Required registration

8. COMPLAINTS HUD: Definition of “family” excludes group homes of any size Regulations impose burdensome restrictions on group homes Did not provide for requests for reasonable accommodation Individual Owned 10 recovery residences in Prescott Because of separation requirements, 4 of his homes were required to close Disparate impact claim

9. THE CONSULTANT’S STUDY Two types of “Community Residences” Family Community Residence Traditional group home Emulates traditional family Residents receive care and are there “permanently” Residence, not treatment, is primary function Residents may have developmental disabilities, mental illness, physical disabilities, includes frail and elderly Transitional Community Residence Residents stay shorter periods measured in months or weeks Care may or may not be provided Residents need to relearn life skills & rehabilitation

10. RECOMMENDATIONS OF STUDY FHAA does not prohibit requiring a conditional use permit for transitional community residences Limit number of persons in “family” Provide for reasonable accommodations with regulation that does the following: Is intended to achieve a legitimate governmental purpose Must achieve that legitimate government purpose Zoning restriction must be the least drastic means necessary to achieve the legitimate government purpose.

11. PRESCOTT’S AMENDED ORDINANCE Redefined “Family” Any person living alone Any of the following groups living together as a single housekeeping unit Any number related by blood, marriage, adoption, guardianship or other custodial relationship with nor more than 2 unrelated individuals providing care, assistance or domestic employees; 2 unrelated persons and their children or foster children; 4 unrelated persons Does not include: society, nursing home, club, boarding or lodging house, dormitory, fraternity, sorority, group whose association is seasonal or similar in nature to a resort, motel, hotel.

12. MORE DEFINITIONS Deleted definition of “Single Housekeeping Unit” Defined “Community Residence” 5-12 unrelated persons with disabilities in need of mutual support May self-govern or be supervised by sponsoring entity Provides habilitative or rehabilitative services Seeks to emulate biological family, normalize residents and integrate them into surrounding community. Family Community Residence No more than 4 people with disabilities No limit on stay Tenancy measured in years Transitional Community Residence Temporary residence More than four people with disabilities Tenancy measured in months

13. OTHER PROVISIONS 800 foot separation requirement Family Community Residences permitted in ALL residential zoning districts Transitional Community Residences permitted: By right in all multi-family and several commercial zoning districts With CUP in single family zoning districts All must meet separation distances and satisfy licensing or certification requirements Reasonable Accommodation Waiver to permit a community residence for more than 12 persons with disabilities

14. WHAT NOW? Ordinance was sent to HUD To date, no response from HUD

15. OUR RECOVERY RESIDENCE EXPERIENCE Gilbert – March 27, 2014 No CUP – Permitted by right in all single-family and multi- family residential zoning districts 1200 foot separation (measured from closest property line) Occupancy not to exceed 2 residents per bedroom or 3 residents in the largest bedroom with maximum of 11 residents Chino Valley – July 8, 2014 CUP required in single-family zoning districts Permitted by right in multi-family and commercial light zoning districts 5280 foot separation (measured from closest property line) Occupancy limited to 2 residents per bedroom

16. MORE ON GILBERT AND CHINO VALLEY Similarities: Definitions of “Recovery Residence” and “Single Housekeeping Unit” Registration required (primarily to determine compliance with separation distances Both require O & M plan to be submitted with registration Procedure for Reasonable Accommodations No signs or other exterior indication of recovery residence

17. QUESTIONS?