SITE SELECTION: WHY THIS NEIGHBORHOOD?
One of the questions that frequently comes up when ColumbiaCare is developing a new licensed residential program is "why did you choose this neighborhood"? It is a fair question that has an answer... well, answers.
There are multiple factors we consider when working to identify a site for a new licensed residential program, but there are a couple overarching components that guide our process, and then a longer list of more detailed criteria.
1. First, we are bound by, and follow, current Federal and State laws regarding siting and anti-discrimination.
b. We must comply with Oregon's Olmstead Plan. Olmstead v. L.C. found that states violate Title II of the ADA by retaining individuals in institutions rather than placing them in community settings when: the State’s treatment professionals have determined that community placement is appropriate; the transfer from institutional care to a less restrictive setting is not opposed by the affected individual; and the placement can be reasonably accommodated, taking into account the resources available to the State and the needs of others with mental disabilities [527 US 581 (1999)]
2. We then develop projects in locations that meet both State/County identified need for community resources.
3. Finally, to identify a specific location for projects, ColumbiaCare's criteria often includes, but is not limited to:
There are multiple factors we consider when working to identify a site for a new licensed residential program, but there are a couple overarching components that guide our process, and then a longer list of more detailed criteria.
1. First, we are bound by, and follow, current Federal and State laws regarding siting and anti-discrimination.
- Federal Fair Housing Law and the Americans with Disabilities Act disallow discrimination in housing based on disability. (“Disability” means an individual with (A) a physical or mental impairment that substantially limits one or more of the major life activities or such individual; (B) a record of such an impairment; or (C) being regarding as having such an impairment [42 U.S.C. Section 12102(2)]. All of our residents qualify as “disabled”.
- Congress explicitly intended for the Federal Fair Housing to apply to zoning ordinance and other laws that would restrict placement of group homes. The purpose of the act is to permit people with disabilities to live where they wish, irrespective of the views, prejudices and desires of neighbors, governments or the real estate industry. The Congressional history makes clear that “generalized perceptions about disabilities and unfounded speculations about threats to safety are specifically rejected as grounds to justify exclusions.” H.R. Rep. No. 100-711, 100th Cong. 2d Sess. at 18, 1988 U.S. Code Cong. & Admin. News at 2173.
- Also, a locality may not deny a permit to a group home on the grounds that its residents will not be permanent occupants. North Shore-Chicago Rehab. v. Village of Skokie, 827 F.Supp. 497 (N.D.Ill. 1993)[striking requirement that residents be “permanent”]; Oxford House, Inc. v. Township of Cherry Hill, 799 F.Supp. 450 (D.N.J.1992)[same]; Oxford House, Inc. v. Town of Babylon, 819 F.Supp. 1179, 1183 (E.D.N.Y. 1993)[barring eviction of home because of “size or transient nature” of group home arrangement].
- Click on the link to read Disability Rights, Oregon Advocacy Center's Disability Discrimination and Group Homes.
b. We must comply with Oregon's Olmstead Plan. Olmstead v. L.C. found that states violate Title II of the ADA by retaining individuals in institutions rather than placing them in community settings when: the State’s treatment professionals have determined that community placement is appropriate; the transfer from institutional care to a less restrictive setting is not opposed by the affected individual; and the placement can be reasonably accommodated, taking into account the resources available to the State and the needs of others with mental disabilities [527 US 581 (1999)]
2. We then develop projects in locations that meet both State/County identified need for community resources.
- The State acts in accordance with integration regulation. “A public entity shall administer services, programs and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities [28 CFR Section 35.130(d) (1998)]
- The Oregon Health Authority, Health Systems Division determines the need for additional residential program resources and releases funding through competitive application processes.
- State solicitations for competitive applications require evidence of community support for a particular project via letters of endorsement (i.e., local community mental health programs and applicable Coordinated Care Organizations).
3. Finally, to identify a specific location for projects, ColumbiaCare's criteria often includes, but is not limited to:
- Working with a private realtor to find a piece of land that meets criteria for the particular project, such as:
- The property is a permitted use according to Federal Fair Housing Law and City zoning regulations.
- The property is for sale within reasonable price parameters given our development award and operating budget.
- The property is large enough to support the program.
- The property is situated such that necessary and beneficial public services can be conveniently accessed.
- The location is approved by project sponsors.
- The property is a permitted use according to Federal Fair Housing Law and City zoning regulations.