This page was updated 5/22/02.
Third Judicial Circuit
Pennsylvania
Dr. Gertrude A. Barber Center, Inc. v. Peters Township
273 F. Supp.2d 643 (W.D.
Pa. 2003)
Z-PRM
The Dr. Gertrude A. Barber Center provides residential services to people
with mental retardation. To hold a license as an intermediate care facility
for
mental retardation (ICFMR), homes operated by the Barber Center were required
to have a minimum of four residents. The Barber Center sought an exception
to a zoning ordinance that prohibited more than three unrelated persons
from occupying the same dwelling. The Peters Township zoning hearing board
declined
to grant an exception to this rule, thus barring the Barber Center from
operating an ICFMR in any of the township's residential districts. The
Barber Center
sued the township and hearing board, seeking an special exception allowing
occupancy by four residents be granted. The court found that, since Peters
Township failed to show that granting an exception would cause any undue
financial or administrative burden, its failure to make reasonable accommodations
denied
the residents an equal opportunity to enjoy the housing of their choice,
thus constituting a violation of the Fair Housing Act. Specifically, the
court found
that the ordinance limiting single-family homes to three unrelated persons
had a disproportionate impact on individuals with disabilities, and that
the administration of such an ordinance resulted in disparate treatment.
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