Controversial Elmhurst Sober Home Gets Legal Boost

Elmhurst IL

15 June, 2021

8:43 AM

Description

ELMHURST, IL — Elmhurst brought in an expert Monday to speak about fair housing law as aldermen consider whether to approve a sober living home on the north side. Denver attorney Brian Connolly said he was not there to give his opinion on the specific matter before the City Council. But much of what he said boosted the legal case for the city to approve a sober living home at 348 N. Larch Ave., despite strong neighborhood opposition. Neighbors have urged the city to stick to its zoning rule limiting single-family homes to four unrelated people. But the group running the home, Carpenter's Tools Ministries, has contended four people in the home would be unable to cover the costs. The group is asking the city to allow seven. In a 1½-hour presentation, Connolly, who spoke to the council through a video feed, said federal courts have required municipalities to grant "reasonable accommodations" to sober homes from limits on unrelated people. He said courts have determined that if a family of 10 is allowed to live in a home, it's reasonable to waive a limit on unrelated people in a sober home. Connolly also said local governments are required to consider the financial situation of a sober home in deciding whether to grant a reasonable accommodation. Connolly's statements struck at the heart of the neighbors' arguments against granting an exception. They say the affordability of rent has nothing to do with disabilities and thus not covered by the Fair Housing Act. In his presentation, Connolly said an exception for public safety issues is available in fair housing cases, but he has never seen a federal court find such an issue merited denying a reasonable accommodation request. "That is a very limited exception," he said. "If there's going to be a public safety problem, the local government needs to have very strong documentation of what the public safety problem would be." Elmhurst has been monitoring the federal government's lawsuit against Hinsdale over the village's unsuccessful effort to shut down a sober home two years ago. The village contended the sober home violated its limit on three unrelated people in a house. It also deemed the home a commercial operation in a residential neighborhood. Connolly told Elmhurst officials he often hears the argument about sober homes being commercial operations. But he said federal housing law makes no distinction whether people own or rent. "I hear concerns that people who are running sober living homes are generating a profit," Connolly said. "Well, similarly, people who are renting homes generate profit too. But it's generally not the province of local government to regulate what a particular land use is earning in terms of a profit." Hinsdale dropped the argument about the sober home being a commercial operation shortly before the federal government filed its lawsuit. Connolly said Hinsdale's situation is similar to Elmhurst's. Connolly works for the Otten Johnson law firm in Denver and said he has represented different parties in sober living matters — the homes themselves, local governments and neighborhood groups. Mayor Scott Levin brought in Connolly to speak to the council a week before aldermen were expected to vote on the sober home. Levin, a lawyer himself, said he heard Connolly speak at a conference. Connolly has co-authored a book on fair housing law.