Minneapolis decision on Lydia House upheld

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Rochelle Olson - Minneapolis Star Tribune - December 3, 2003

Minneapolis acted reasonably in waiving a quarter-mile
spacing requirement for Lydia House, a home for formerly
homeless people, many with mental illness, addictions or HIV
infections, the state Court of Appeals ruled Tuesday.

Minneapolis "had a factual basis to conclude the waiver was
a reasonable accommodation necessary to afford Lydia House's
proposed residents equal opportunity to reside in this
neighborhood," according to a ruling by a three-judge
panel.

To make way for Lydia House, Minneapolis waived the spacing
requirement designed to prevent facilities such as group
homes from being concentrated in particular neighborhoods.
The city determined that the federal fair housing law
intended to protect disabled people trumped the spacing
requirement.

Lydia House is expected to provide 40 beds of permanent
housing at 1920 LaSalle Av. S.

A key part of the home is on-site services to help residents
in such areas as employment, daily living skills or
benefits. Advocates call such centers supportive housing.

The Plymouth Church Neighborhood Foundation is sponsoring
Lydia House and was sued, along with the city, by a
residents and businesspeople calling themselves Citizens for
a Balanced City.

Opponents argued that nearby blocks are overpopulated with
group facilities, so the council's waiver constituted
ghettoization of special-needs populations.

Federal law makes it illegal to deny a dwelling to a buyer
or renter because of a handicap, defined as a mental or
physical impairment that substantially limits a major life
activity. Refusing to adapt local practices to provide
people equal opportunity is discriminatory under the law.
The council granted the waiver to the spacing rules as a
"reasonable accommodation" required by law.

The decision affirmed a ruling by Hennepin County District
Judge John McShane.

Rochelle Olson is at raolson@...

Star Tribune source page: http://tinyurl.com/xhzn
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©THE HOMELESS NEWS - H.C. Covington, Editor http://tinyurl.com/2yg2