FOR IMMEDIATE RELEASE

CR

WEDNESDAY, SEPTEMBER 2, 1998

(202)616-2765

WWW.USDOJ.GOV

TDD (202) 514-1888

OHIO CITY AGREES TO CHANGE DISCRIMINATORY ZONING POLICY,

UNDER AGREEMENT WITH THE JUSTICE DEPARTMENT

WASHINGTON, D.C. -- Toledo, Ohio, will abandon the restrictions it placed on the location of group homes for elderly disabled persons, under an agreement reached today with the Justice Department.

The agreement, filed in the U.S. District Court in Toledo, resolves allegations that the city violated the Fair Housing Act by refusing to grant operating permits to two organizations that operate group homes providing assisted living arrangements for elderly disabled residents.

In a complaint, filed earlier today, the Justice Department alleged that the city implemented a zoning regulation that discriminated on the basis of disability. It asserted that the city imposed spacing requirements for group homes for persons with disabilities, while not restricting other group homes.

"Many elderly persons with disabilities have few housing options. Today's agreement will guarantee that these types of living arrangements remain available to them," said Bill Lann Lee, Acting Assistant Attorney General for Civil Rights. "We are pleased with the cooperation of the city's officials in developing this agreement."

The two organizations, Family Tree, Ltd., and Advanced Living, Inc., each filed complaints with Department of Housing and Urban Development, which conducted an investigation and referred the matter to the Justice Department. Family Tree and Advanced Living also brought a suit against the city in federal court. In a separate action, the Association for Retarded Citizens (ARC) and Consumers' Union of Lucas County sued the city challenging the underlying zoning regulations relating to group home living arrangements. These suits are also resolved by today's agreement.

Under today's agreement, the city will amend its zoning regulations to remove the challenged spacing requirements. Additionally, the city has agreed to pay a total of $95,500 in damages to the private groups.

Family Tree and Advanced Living were permitted to operate their homes while the litigation has been pending.

The Justice Department, the private parties and the city today asked the court to approve the agreement preliminarily. Once the court approves, the city will have 120 days to change its zoning ordinances.

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