Gain an understanding of the zoning provisions for community residences and recovery communities that comply with the Fair Housing Act and statewide zoning laws.
Community residential facilities offer individuals with disabilities and other needs a nurturing, residential environment. Oftentimes, these uses are faced with resistance from either local governments or neighbors, who tend to acknowledge the benefits of these facilities, while simultaneously expounding a not in my backyard position. For that reason, protections have been put in place under Federal Law, and, in many cases, at the State level as well. While this means that municipal oversight may be limited, it does not mean that these facilities must go unregulated. This live webinar will provide an overview of community residential facilities, and how they are and can be regulated at the Federal, State, and local governmental levels, while protecting the rights and needs of the individuals who live in them.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Introduction
- Defining Community Residential Facilities
- Group Homes
- Sober Homes
- Recovery Communities
- General Siting Considerations
- Location
- Purchase Price
- Contract Contingencies
- Avoiding Oversaturation
Federal and State Law Protections
- Federal Fair Housing Act
- Equal Protection
- State Anti-Discrimination Laws
Nationwide Survey of State Regulatory Schemes
- States With Preemptive Regulatory Schemes
- States Without Regulatory Schemes
- The Middle Ground
What Can and Can't a Municipality Do to Regulate?
- Oversaturation Considerations
- Zoning and Land Use Considerations
- Familial Status
- Residency Durational Requirements
- Enhanced Health and Safety Requirements / Mitigation of Impacts
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on January 17, 2024.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.0
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.0 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.2
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 62 Minutes.
- NM CLE 1.0
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- NY CLE 1.0 including Areas of Professional Practice 1
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- OH CLE 1.0
- This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.0 CLE credit hours. To fulfill CLE requirements for self-study, web-based programs, you must complete 100% of the polling questions during the program. Your hours will be filed electronically within thirty (30) business days by Lorman Education Services provided you fulfilled 100% attendance and polling questions answered.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VA CLE 1.0
- This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours.
- WI CLE 1.0
- This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
MP3 Download
- AK CLE 1.0
- Arizona CLE 1.0
- CA MCLE 1.0
- CT CLE 1.0
- HI CLE 1.0
- MO CLE 1.3
- NJ CLE 1.3
- NM CLE 1.0
- NY CLE 1.0 including Areas of Professional Practice 1
- VT CLE 1.0
- WV MCLE 1.3
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Jody T. Cross, Esq.
Zarin & Steinmetz LLP
- Partner at Zarin & Steinmetz; Licensed in NY and CT
- Significant experience navigating the New York Padavan Law, helping both non-profit and for-profit sponsors of community residences through the siting approval process at the municipal level, as well as successfully protecting the rights of these homes to be established in various residential neighborhoods before Administrative Hearing Officers and the Courts
- Represents developers and municipalities on land use, zoning, real estate, and environmental impact review matters
- Regularly appears before municipal agencies securing subdivision, site plan, zoning amendments, and other land development approvals
- Litigates real property cases in State and Federal Courts, and has successfully handled land use and zoning matters that intersect with civil rights, including community residential facilities, exclusionary zoning, RLUIPA, and the First and Fourteenth Amendments
- Pace University School of Law, J.D. with a Certificate in Environmental Law (Editor-in-Chief, Pace Environmental Law Review; Senior Research Fellow & Director, Pace Land Use Law Center); Muhlenberg College, B.A. in Psychology with a concentration in Environmental Studies
- Can be contacted at (914) 682-7800 or [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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