CCR1998115AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #115-98
A RESOLUTION SUPPORTING THE PROTECTION OF
LOCAL CONTROL OF ZONING RELATED TO THE FAIR HOUSING ACT
WHEREAS, Preserving local control of zoning matters is a fundamental priority for
cities: and
WHEREAS, The City of Muskego opposes federal preemption of local control of
zoning;
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego does hereby support the rights of municipalities to enact reasonable land use
and zoning regulations which preserve the safety and residential character of family
neighborhoods, while making reasonable accommodations for persons with physical
and mental disabilities.
BE IT FURTHER RESOLVED THAT.
1 The City of Muskego Common Council supports the protection of the right of
local governments to use regulations which further the objectives of public safety and
preserving residential neighborhoods, including local restrictions on the number of
unrelated persons permitted to occupy a dwelling, the proximity of group residential
facilities to each other
2. Ambiguity in the Federal Fair Housing Act regarding what constitutes a
"family" or "familial status'' and what protections are afforded a "family" should be
clarified to distinguish that institutional guardians are not equivalent to a family under
the Federal Fair Housing Act.
3. Federal court decisions are divided on the standard by which Federal Fair
Housing Act cases should be reviewed. The City of Muskego Common Council
supports a standard of review that allows cities to refer to the experience of other
jurisdictions in drafting local zoning regulations.
4. The City of Muskego Common Council supports H.R. 3206 in its entirety to
amend the Fair Housing Act, and agrees with its goals and objectives.
DATED THIS 14TH DAY OF JULY, 1998.
SPONSORED BY:
Ald. Patrick Patterson
This is to certify that this is a true and accurate copy of Resolution #115-98 which was
adopted by the Common Council of the City of Muskego.
6198jm
COMMON COUNCIL - CITY OF MUSKEG0 , /
RESOLUTION #115-98
WHEREAS, Preserving
cities; and
WHEREAS, Mayors and
the National League of Cities which opposes federal mption of local control of
zoning: and
WHEREAS, The Nation
zoning control by adopti
approved Resolution #9
to adopt an interpretati
requirements of local land use processes; and
WHEREAS, the Feder
decisions by lower fed
area; and
WHEREAS, The City
should make reasona
WHEREAS, Federal
H.R. 2927), (H.R. 58
the U.S. Department
individuals who hav
neighborhoods, an
local single-family
of dwellings by co
WHEREAS, Ther
have interpreted
number of ways; and
WHEREAS, A recent Federal District court decision in the State of Washington
determined that the protections afforded to those in "familial status" extended to
persons with institutional caregivers, with the result that no effective distinctions could
be made in local zoning and building codes with respect to institutional care facilities;
and
Resolution #I 15-98
WHEREAS, There is a division on court decisions as to the standard of review which is
applied to local jurisdictions charged with violations of the Federal Fair Housing Act,
with some courts applying a "reasonable basis" test and others applying "heightened
scrutiny" test, the latter test which has been interpreted as requiring jurisdictions to
regulate only based on actual experience in their own jurisdictions without reference to
any experience of other jurisdictions; and
WHEREAS, There have been several cases across the nation which have differed in
their interpretation of the ability of local communities to regulate the proximity of group
care facilities under the Federal Fair Housing Act which has resulted in the inability of
communities to counter the clustering of such facilities; and
WHEREAS, Other cases have interpreted the Federal Fair Housing Act as effectively
eliminating the ability of local governments to make any regulations regarding the
maximum number of persons that occupy group care facilities, resulting public Safety
hazard and negative neighborhood impacts.
NOW, THEREFORE, BE IT RESOLVED That the City of Muskego Common Council
supports the rights of municipalities to enact reasonable land use and zoning
regulations which preserve the safety and residential character of family
neighborhoods, while making reasonable accommodations for persons with physical
and mental disabilities.
BE IT FURTHER RESOLVED THAT
1 The City of Muskego Common Council supports the protection of the right of
local governments to use regulations which further the objectives of public safety and
preserving residential neighborhoods, including local restrictions on the number of
unrelated persons permitted to occupy a dwelling, the proximity of group residential
facilities to each other, and the occupancy of such facilities by dangerous persons.
2. Ambiguity in the Federal Fair Housing Act regarding what constitutes a
"family" or "familial status" and what protections are afforded a "family" should be
clarified to distinguish that institutional guardians are not equivalent to a family under
the Federal Fair Housing Act.
3. Federal court decisions are divided on the standard by which Federal Fair
Housing Act cases should be reviewed. The City of Muskego Common Council
supports a standard of review that allows cities to refer to the experience of other
jurisdictions in drafting local zoning regulations.
4. The Federal Fair Housing Act should continue to protect families with e children and people with disabilities from exclusion from residential opportunities.
Resolution #115-98
e 5. The City of Muskego Common Council supports changes in federal law which
will:
a) Ensure that the exercise of free speech is not construed as a violation of the
Federal Fair Housing Act;
b) Require complaints filed under the Federal Fair Housing Act be specific and in
sufficient detail to allow meaningful response and defense; and
c) Require exhaustion of state and local remedies before pursuing relief under the
Federal Fair Housing Act for local actions.
DATED THIS DAY OF JUNE, 1998.
SPONSORED BY:
Ald. Patrick Patterson
This is to certify that this is a true and accurate copy of Resolution #115-98 which was
adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
6198jep
PROPOSED AMENDMENT
COMMON COUNCIL -CITY OF MUSKEG0
RESOLUTION #115-98
A RESOLUTION SUPPORTING THE PROTECTION OF
LOCAL CONTROL OF ZONING RELATED TO THE FAIR HOUSING ACT
WHEREAS, Preserving local control of zoning matters is a fundamental priority for
cities; and
WHEREAS, The City of Muskego opposes federal preemption of local control of zoning;
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego does hereby support the rights of municipalities to enact reasonable land use
and zoning regulations which preserve the safety and residential character of family
neighborhoods, while making reasonable accommodations for persons with physical
and mental disabilities.
BE IT FURTHER RESOLVED THAT
1 The City of Muskego Common Council supports the protection of the right of
local governments to use regulations which further the objectives of public safety and
preserving residential neighborhoods, including local restrictions on the number of
unrelated persons permitted to occupy a dwelling, the proximity of group residential 0 facilities to each other
2. Ambiguity in the Federal Fair Housing Act regarding what constitutes a
“family” or Yamilial status” and what protections are afforded a “family” should be
clarified to distinguish that institutional guardians are not equivalent to a family under
the Federal Fair Housing Act.
3. Federal court decisions are divided on the standard by which Federal Fair
Housing Act cases should be reviewed. The City of Muskego Common Council
supports a standard of review that allows cities to refer to the experience of other
jurisdictions in drafting local zoning regulations.
4. The City of Muskego Common Council supports H.R. 3206 in its entirety to
amend the Fair Housing Act, and agrees with its goals and objectives.
DATED THIS DAY OF JULY, 1998.
SPONSORED BY:
Ald. Patrick Patterson
This is to certify that this is a true and accurate copy of Resolution #I 15-98 which was 0 adopted by the Common Council of the City of Muskego.
6/98jm Clerk-Treasurer
PROPOSED AMENDMENT
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #115-98
A RESOLUTION SUPPORTING THE PROTECTION OF
LOCAL CONTROL OF ZONING RELATED TO THE FAIR HOUSING ACT
WHEREAS, Preserving local control of zoning matters is a fundamental priority for
cities: and
WHEREAS, The City of Muskego opposes federal preemption of local control of zoning;
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego does hereby support the rights of municipalities to enact reasonable land use
and zoning regulations which preserve the safety and residential character of family
neighborhoods, while making reasonable accommodations for persons with physical
and mental disabilities.
BE IT FURTHER RESOLVED THAT,
1 The City of Muskego Common Council supports the protection of the right of
local governments to use regulations which further the objectives of public safety and 0 preserving residential neighborhoods, including local restrictions on the number of
unrelated persons permitted to occupy a dwelling, the proximity of group residential
facilities to each other, and the occupancy of such facilities by dangerous persons.
2. Ambiguity in the Federal Fair Housing Act regarding what constitutes a
"family" or "familial status" and what protections are afforded a "family" should be
clarified to distinguish that institutional guardians are not equivalent to a family under
the Federal Fair Housing Act.
3. Federal court decisions are divided on the standard by which Federal Fair
Housing Act cases should be reviewed. The City of Muskego Common Council
supports a standard of review that allows cities to refer to the experience of other
jurisdictions in drafting local zoning regulations.
DATED THIS DAY OF JULY, 1998.
SPONSORED BY:
Ald. Patrick Patterson
e This is to certify that this is a true and accurate copy of Resolution #115-98 which was
adopted by the Common Council of the City of Muskego.
6/98jm Clerk-Treasurer
0 COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #I 15-98
A RESOLUTION SUPPORTING THE PROTECTION OF
LOCAL CONTROL OF ZONING RELATED TO THE FAIR HOUSING ACT
WHEREAS, Preserving local control of zoning matters is a fundamental priority for
cities: and
WHEREAS, Mayors and elected officials have consistently supported the position of the
National League of Cities which opposes federal preemption of local control of zoning;
and
WHEREAS, The National League of Cities' members reiterated their support for local
zoning control by adopting Resolution #97-10 in December, 1996, and overwhelmingly
approved Resolution #98-14 in December, 1997, which urged the Federal government
to adopt an interpretation of 'reasonable accommodation' which is more responsive to
requirements of local land use processes; and
WHEREAS, the Federal Fair Housing Act continues to be a major source of litigation
against municipalities attempting to propose reasonable zoning regulations, and
ambiguities in the Federal Fair Housing Act have recently resulted in far-reachina
0 area; and
decisions by lower federal courts that effectively eliminate local control of zoning in this
WHEREAS, The City of Muskego is committed to promote housing policies that are fair
and nondiscriminatory and are further committed to the concept that all jurisdictions
should make reasonable accommodation for the needs of all their residents; and
WHEREAS, Federal legislation was introduced in 1995 and 1996 (H.R. 4019, S.1132,
H.R. 2927), (H.R. 589) in 1997, and H.R. 3206 in 1998 aimed at halting the practice of
the US. Department of Housing and Urban Development of initiating lawsuits against
individuals who have expressed opposition to the siting of group care facilities in their
neighborhoods, and clarifying the authority of municipalities to impose regulations in
local single-family zones regulating the proximity of dwellings, the maximum occupancy
of dwellings by convicted felons, sex offenders, or recovering drug addicts; and
WHEREAS, There have been a number of recent legal decisions around the nation that
have interpreted the Federal Fair Housing Act as preempting local authority in a number
of ways; and
WHEREAS, A recent Federal District court decision in the State of Washington
determined that the protections afforded to those in "familial status" extended to
persons with institutional caregivers, with the result that no effective distinctions could
be made in local zoning and building codes with respect to institutional care facilities;
and
Resolution #115-98
0 WHEREAS, There is a division on court decisions as to the standard of review which is
applied to local jurisdictions charged with violations of the Federal Fair Housing Act,
with some courts applying a “reasonable basis” test and others applying “heightened
scrutiny” test, the latter test which has been interpreted as requiring jurisdictions to
regulate only based on actual experience in their own jurisdictions without reference to
any experience of other jurisdictions; and
WHEREAS, There have been several cases across the nation which have differed in
their interpretation of the ability of local communities to regulate the proximity of group
care facilities under the Federal Fair Housing Act which has resulted in the inability of
communities to counter the clustering of such facilities; and
WHEREAS, Other cases have interpreted the Federal Fair Housing Act as effectively
eliminating the ability of local governments to make any regulations regarding the
maximum number of persons that occupy group care facilities, resulting public safety
hazard and negative neighborhood impacts.
NOW, THEREFORE, BE IT RESOLVED That the City of Muskego Common Council
supports the rights of municipalities to enact reasonable land use and zoning
regulations which preserve the safety and residential character of family
neighborhoods, while making reasonable accommodations for persons with physical
and mental disabilities.
BE IT FURTHER RESOLVED THAT.
0
1 The City of Muskego Common Council supports the protection of the right of
local governments to use regulations which further the objectives of public safety and
preserving residential neighborhoods, including local restrictions on the number of
unrelated persons permitted to occupy a dwelling, the proximity of group residential
facilities to each other, and the occupancy of such facilities by dangerous persons.
2. Ambiguity in the Federal Fair Housing Act regarding what constitutes a
“family” or “familial status” and what protections are afforded a “family” should be
clarified to distinguish that institutional guardians are not equivalent to a family under
the Federal Fair Housing Act.
3. Federal court decisions are divided on the standard by which Federal Fair
Housing Act cases should be reviewed. The City of Muskego Common Council
supports a standard of review that allows cities to refer to the experience of other
jurisdictions in drafting local zoning regulations.
4. The Federal Fair Housing Act should continue to protect families with children
and people with disabilities from exclusion from residential opportunities.
Resolution #115-98
5. The City of Muskego Common Council supports changes in federal law which
will:
a) Ensure that the exercise of free speech is not construed as a violation of the Federal
Fair Housing Act;
b) Require complaints filed under the Federal Fair Housing Act be specific and in
sufficient detail to allow meaningful response and defense; and
c) Require exhaustion of state and local remedies before pursuing relief under the
Federal Fair Housing Act for local actions.
DATED THIS DAY OF JUNE, 1998.
SPONSORED BY:
Ald. Patrick Patterson
This is to certify that this is a true and accurate copy of Resolution #I 15-98 which was
adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
6/98jep