FHC FILES HOUSING DISCRIMINATION COMPLAINT WITH THE HUD AGAINST THE CITY OF BOYNTON BEACH FOR DISCRIMINATING AGAINST PEOPLE WITH DISABILITIES”

The Fair Housing Center of the Greater Palm Beaches, Inc. (FHC) has filed a complaint with the U.S. Department of Housing and Urban Development (HUD) against the City of Boynton Beach (the City). The complaint alleges discrimination based on Handicap/Disability, in violation of the Fair Housing Act and Section 504 of the 1973 Rehabilitation Act.

On November 5, 2016 the Justice Department and the Department of Housing and Urban Development (HUD) released an updated guidance on the application of the federal Fair Housing Act (FHA) to state and local land use and zoning laws.  The guidance is designed to help state and local governments better understand how to comply with the FHA when making zoning and land use decisions, as well as to help members of the public understand their rights under the FHA.

 On December 6, 2016, the City of Boynton Beach City Commissioners adopted Resolution R16-165, declaring the commencement of a study period related to Respondent CBB zoning and use regulations concerning group homes; and to abate the issuance of any permit for group homes within its city limits until June 4, 2017; and undertake review and revision of the zoning and use regulations as they relate to group housing within the City of Boynton Beach. On December 19, 2016 the City again voted  unanimously to institute it’s six month moratorium on all group homes, in violation of Fair Housing Act and Section 504 of the 1973 Rehabilitation Act.

“Suppose a municipality issued a moratorium barring families with children, Blacks or Latinos from moving to that City, while they study the law. No one would stand for that!” stated Vince Larkins, FHC President & CEO. “The idea that the City of Boynton Beach thinks that they can discriminate against a whole group of people is outrageous. The FHC will not sit idly by while people with disabilities are targeted, in violation of federal Fair Housing Act”, he further stated.

 Group homes cover a wide range of disabilities. Residents usually have some type of chronic mental disorder that impairs their ability to live independently. Many residents also have physical disabilities such as impairments of vision communication, or ambulation.