THE SENATE	S.B. NO.	2287
TWENTY-FIFTH LEGISLATURE, 2010		H.D. 1
STATE OF HAWAII		Proposed

A BILL FOR AN ACT

RELATING TO COUNTY ZONING FOR GROUP LIVING FACILITIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1. The legislature finds that Hawaii's population

has been aging rapidly and the number of elderly and disabled

persons has increased dramatically.

In Nevada Fair Housing Center, Inc. v. Clark County,

Nevada, 2007 WL 610640 (D. Nev.), 34 NDLR P.99, the Nevada Fair

Housing Center, Inc. challenged a Clark County ordinance that

required a minimum distance between residential group homes for

the elderly and persons with disabilities. The United States

District Court in Nevada struck down the minimum distance

ordinance to eliminate illegal housing discrimination against

society's most vulnerable citizens. At the same time, Hawaii's

elderly and persons with disabilities are finding it

increasingly difficult to find appropriate affordable housing.

The elderly and persons with disabilities should not be

discriminated against with regard to housing options.

The purpose of this Act is to prohibit discriminatory

treatment of the elderly and persons with disabilities in

housing.

     SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended

by adding a new section to be appropriately designated and to

read as follows:

"§46- Minimum distance between facilities; ordinances invalid. Any county ordinance that prohibits a group living facility for the elderly and persons with disabilities from being located within any specified distance from another group living facility shall be void as against public policy."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.

Report Title:

Counties; Zoning; Group Living Homes

Description:

Renders void as against public policy any county ordinance that

prohibits a group living facility for the elderly and persons

with disabilities from being located within any specified

distance from another group living facility.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.