A Primer on Disability for Land Use and Zoning Law
Journal of Law, Property, and Society, Vol. 4, p.1, March 2018
45 Pages Posted: 30 Apr 2018
Date Written: March 11, 2018
Approximately 20-30 percent of American families have a family member with a disability, many with a mobility impairment. Many people need access to disability services and programs. They need the availability of group homes, senior housing, drug rehabilitation centers, medical marijuana dispensaries, and counseling clinics. This leads to land use disputes.
This Primer is designed for people familiar with property law and land regulation (planning and zoning), and with little experience with disability law. The goal is to present an introduction that facilitates understanding of the intersections between land use law and disability. In general, the legal requirements of primary concern are limited, such that only a few parts of our expansive disability law are most relevant to the vast majority of planning and zoning matters. This Primer will guide the reader through these key provisions. The Acts discussed in this Primer include the Americans with Disabilities Act (ADA), the Rehabilitation Act (RHA), and the Fair Housing Act (FHA).
Keywords: Disability, Land Use, Zoning, Accessibility, ADA, FHA, RHA, Discrimination, Americans with Disabilities Act
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