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VOL. 22 • NO. 19
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Elmhurst’s Locally Owned and Operated Hometown Newspaper WWW.THEINDEPENDENTNEWSPAPERS.COM
THURSDAY, MAY 4, 2017
Elmhurst Extended Care plan rejected by second City entity Owner attorney says denial would be discrimination
By Dan McLeister
FOR THE ELMHURST INDEPENDENT
The Federal Housing Amendments Act (FHAA) prohibitions clearly extend to discriminatory zoning practices, according to Scott Day, attorney for Elmhurst Extended Care (EEC). Day spoke at an April 24th meeting of the Development, Planning and Zoning (DPZ) Committee. All three aldermen on the DPZ Committee rejected the EEC plan to expand. Previously the Zoning and Planning Commission (ZPC), an advisory entity, voted by a 3-2 margin against the plan. The final vote will come from the City Council, which will likely consider the topic at its second meeting in May. It is possible that the owner of EEC could file a lawsuit against the City if the City Council also rejects the expansion plan, Day contended. The owner has paid for a court reporter to take notes not only at DPZ meetings but also at the deliberation session of the ZPC. Normally, the City pays for a court reporter only at a public hearing. Day said that the Federal House Committee Report states that the FHAA “is intended to prohibit the application of special requirements through land-use regulation, restrictive covenants, and conditional or special use permits that have the effect of limiting the ability of (the handicapped) to live in the residences of their choice in the community.” “It is within the FHAA context that EEC challenges the unsupported neighbor claims of diminished land value, unsupported fears of flooding, unsupported allegations of detrimental traffic, false assertions of detrimental lighting and insistence that
housing the disabled is a commercial land use,” the attorney said. Day noted that Federal courts have ruled that such stereotypical unsupported assertions about housing for the disabled legally constitute discrimination under the FHAA.
Discrimination in the context of the FHAA is far more broadly defined than is commonly understood by either laymen objectors or even many zoning officials, Day said. “The type of discrimination prohibited by the FHAA and the Ameri-
can Disabilities Act (ADA) includes not only intentional, actual animus against the disabled, which is commonly understood, but also includes zoning regulations which inflict disparate treatment of the disabled. “Discrimination also includes the
failure of zoning officials to take reasonable accommodations for the disabled when necessary. “In order to prove discrimination it is not even necessary to show an
See PLAN, Page 3
Girl Scouts donate survivor kits to Cancer Center at Hospital
COURTESY PHOTO Elmhurst Independent
On April 21, the Girl Scouts from Edison Elementary School in Elmhurst delivered 50 “Survivor Kits” for patients at the Nancy W. Knowles Cancer Center at Elmhurst Hospital. The kits are made up of items to help patients during cancer therapy, including a large water bottle, box of tea bags, crossword puzzle/pen, lotion for dry skin, sugar-free lemon drops, soft toothbrush, Biotene mouth rinse (for dry mouth), pack of gum, lip balms, icy cool towel and a coupon for a free scarf for those who have thinning hair. Afterward, Lora Vega, director of Volunteer Services, provided tours of the Cancer Center and Elmhurst Hospital.
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Police Reports...........6 Sports ��������������� 31-37 Viewpoint ����������������8 Classifieds..........40-42 129 WEST VALLETTE ELMHURST 630.279.7155 WWW.ASHEARENCOUNTER.COM
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