فیلم برنامه‌ریزی و افسردگی هورمونی (بخش ۳ از ۳)

Title:Planning and the Opioid Epidemic (Part 3 of 3)

امسال، مرکز برنامه‌ریزی و سلامت جامعه APA و انجمن‌های سالم، میزبان مجموعه‌ای از وبینارها برای بررسی تلاقی برنامه‌ریزی و اپیدمی مواد افیونی بودند. این مجموعه که برای به اشتراک گذاشتن تجربیات محلی و منابع ملی طراحی شده است، همچنین به منظور راه اندازی شبکه ای از اعضا و متخصصان همتا است که برای درک بحران و نقش ما در آن تلاش می کنند. این سومین (و آخرین) جلسه، برنامه ریزی و اپیدمی مواد افیونی، به چگونگی نقش برنامه ریزان در مبارزه با بحران مواد افیونی می پردازد. در مورد رویکرد تروما آگاه به توسعه جامعه، که شامل ایجاد انعطاف پذیری جامعه برای مهار مسائلی مانند بحران مواد افیونی است، بیشتر خواهید آموخت. همچنین درباره مسائل حقوقی مربوط به منطقه‌بندی برای اقامتگاه‌های اجتماعی که شامل اقامتگاه‌های بهبودی و خانه‌های هوشیار می‌شود، اطلاعات بیشتری کسب خواهید کرد. قسمت ۱ سریال را تماشا کنید: https://youtu.be/IoCL2r81VgQ
قسمت ۲ سریال را ببینید: https://youtu.be/Ck8buwhdEco

درباره بحران مواد افیونی بیشتر بدانید: https://www.planning.org/blog/blogpost/9141430/

درباره کار مرکز برنامه ریزی و سلامت جامعه APA بیشتر بدانید: https://www.planning.org/nationalcenters/health/ (برچسب‌ها به ترجمه مرکز برنامه ریزی و سلامت جامعه

قسمتی از متن فیلم: Hello everybody thank you for joining us for planning in the opioid epidemic I just wanted to start with some housekeeping please send questions using the chat box on the right hand side of the screen you can use this box to send questions throughout the presentation

There’s no need to wait till the end to ask questions you can send them throughout we will have a Q&A at the end of both presentations the webinar is being recorded and you will get a copy of the recording in the next couple of days and the webinar is also available

For 1 cm credit including 0.5 law credits so this webinar is the final and a three-part series on planning and the opioid epidemic the first two webinars are also available for on-demand CM credits on YouTube the first webinar was an introduction to planning in the ill quiesce opioid epidemic it lays out the

Common terms of healthy community design EPA’s effort in greater detail and looks at the opioid epidemic through a public health framework and highlights some of the efforts underway from the National Association of counties around the opioid epidemic as well the second webinar included strategies to addressing the overdose crisis from

Rhode Island including some GIS mapping tools and a town gallon partnership to create a treatment center in Tennessee and some of the difficulties found in that process today’s webinar will start with me giving a short introduction to ApS healthy community design efforts then we’re going to hear about trauma-informed community development

Planning from the Kensington neighborhood of Philadelphia and explore legal issues involved in zoning and recovery for residences in sober living homes APA is that involved in healthy communities for awhile and has a lot of great resources through their planning and community health center the healthy communities collaborative is an American

Planning Association interest group of planners and now as professionals who are interested in fostering prospects or collaboration and increasing capacity to support building healthy communities through local regional state and national levels as an interest group you do not have to be an APA member to participate in APA encourages outside

Professions to join the collaborative so that we can meet our goal of fostering cross-sectoral collaboration there are three subcommittees so you can be involved in the area of your particular interest here’s the contact information for the healthy communities collaborative you can find it be email or Facebook and it will also be

Available in the recording so healthy community design strives to make the Healthy Choice the easy choice for members of every community we cannot we can see how the work we do as planners affects our health in a variety of ways I think we can all relate to the

Countless ways that planning affects the health of the communities that we help create and none other key to healthy communities and particularly related to the opioid epidemic and substance abuse are issues really around social equity where residents are engaged and and the community feels safe there’s left less

Issues with substance abuse and those are healthier community our efforts need to be inclusive and diverse APA and the American Public Health Association worked on a multi-year effort to further healthy community design called plan for health there were rounds of location-specific efforts and a final round where 28 APA

Chapters worked at the chapter level to promote healthy community design I managed the project in Pennsylvania and we surveyed County Planning directors from around the state and the results we see the greatest needs identified by county planners in red in those areas where planners felt they could affect

Change in blue and I think we can see with substance abuse the greatest disparity where there is a huge problem and a lot of our communities both rural urban and in Pennsylvania but planets felt they were not able to address the issue there’s been much less research done on

This issue of substance abuse than other healthy community design topics such as active transportation or access to healthy foods and I think we can see Pennsylvania well being above average in the drug overdose rate largely related to the opioid epidemic but there are a lot of other states facing similar

Issues and that led through the planners for health process of those states working together to try to identify resources and that’s what’s directly led to this webinar series but even if your state is not one of those but is particularly facing this issue it is an issue around the country deaths are

Still increasing and if they found a huge issue everywhere just for a point of comparison motor vehicle traffic deaths in the u.s. for ten point nine per 100,000 population while drug overdose rates are nineteen point eight for 100,000 population and rising planners know of many tools to help

Address motor vehicle traffic deaths but are still trying to discover ways to address the increasing opioid epidemic which leads us to today’s webinar um today’s speakers are Jamie Granger who is an associate with interface studio in urban planning and design practice based in Philadelphia his recent work includes

A community plan for the Kensington neighborhood in Philadelphia where we which we will hear about today Daniel lager is CP is both a planner and fair housing zoning attorney who pioneered the use of spacing distances between group homes allowed as of right he also wrote ApS guidelines for zoning

For community residences so I’m going to hand it over to Jamie okay thanks Justin for the introduction again I’m Jamie Granger associated interface studio urban planning and design firm in Philadelphia about a year and a half ago we’re hired to conduct a neighborhood strategic plan for the Kensing

– neighborhood in Philadelphia which is really been hard hit by the opioid crisis so I’m really just going to walk you through the project and share with you some of the insight we learned while working in the community we click I’m having trouble progressing the slide so

Someone could progress for me that’d be great thanks so just a quick agenda give you a little background to the project some context of the neighborhood then get into the approach we took and some specific recommendations and implementation so our team it was funded by Wells Fargo regional foundation

Planning grant our client was impact services they’re a social service organization in the neighborhood they do everything from workforce development to housing for homeless veterans again the party Mo’s interface studio we work with Lamarr Wilson from the Wilson associates and the project took place in the fall

۲۰۱۶ and really lasted for about a year so this is a context of the neighborhood this outline is the city of Philadelphia the tensage in neighborhoods about three and a half mile northeast of city hall when you zoom in closer you can begin to see a little more detail of our

Neighborhood there’s a lot of rail infrastructure both freight and public transit there’s easy access in to you Center City it’s really a dense rowhouse neighborhood they see across the city there’s some major parks our study area was really shaped by some other planning efforts so all told it’s about 360 acres

And close to 22,000 residents so there’s really an interesting history in this neighborhood at one point it was one of the largest textile mill districts in the world really helped Philadelphia gain the moniker of workshop of the world but as so often happens as industry leaves these neighborhoods the

Economic decline kind of follows so this is really where we’re at today 14% of the study areas vacant buildings and lots it’s a largely Hispanic population a lot of households run by single mothers low levels of educational attainment very low incomes and close to 60% of households with

Below the poverty line so the neighborhood’s really made up of these dualities depending on the perspective of things could either be seen in a positive or negative life great example of this is some of the old industrial buildings negatively they’re seen as blight on the neighborhood areas of

Where illicit activities occurs but on a dual on the flip side these are really great assets and opportunities for this community for new affordable housing or work space these are just a few examples of some redevelopment already taking place so this is a crime our excuse me a

New construction heat map of the city some of the highest concentration of new development in the city is happening just south of our study area it really keeps progressing along the market Frankford rapid transit line so from one perspective this would be a good thing for the neighborhood and that it hasn’t

Seen investment in decades but on the flip side really what does this mean for a neighborhood that is very low in income and very low levels of homeownership so it’s really something to consider accessibility is really great for this neighborhood next you have easy access into some major job centers through public transit

You can get Center City or University City in under 20 minutes regionally you can hop on highway and be in your car and in various other cities next but at the same time it’s very easy to access neighborhood and that’s something we’ve really seen be exploited by the drug trade

So when you consider all these factors really the loss of jobs the low ink vacant land and buildings accessibility you really have all the ingredients for an active drug market and this neighborhood is really become a center of the drug trade in Philadelphia FBI is even gone to call it the the largest

Open-air drug market in the East Coast so it’s even really drawing regionally as well Philadelphia weekly has done some analysis of drop drug corners in the city and they first did in 2007 there are about two out of the top ten and by 2011 the next time they did the

Analysis eight of the top ten drug corners as in in this immediate vicinity and this has only concentrated in more recent times as though Buehler crisis has gotten worse you can really see there’s a concentration of this on either side of the freight tracks which are these sunken freight railroad it was

Formerly very active but currently rarely gets used as large wooded areas on insta Bank mints this area has really become a haven for drug deal in using prostitution other illicit activities at its peak they’re up to seventy-five homeless drug users living along the tracks and any given night this rail

Right-of-way is really gotten some national attention and we’ll get into that a little more detail later part of our analysis was to really look at some of the Philadelphia Police Department data and pinpoint some of these exact places within the neighborhood where crime was occurring so this is 2015 you

Can see a lot of that drug activity was concentrated in the southwest corner of our study area and not surprisingly the Directorate and gun violence really go hand in hand so these are two heat maps of the city and they really touch on on similar areas so not only a residents

Really dying for Jagr overdoses in which there were about 1,200 in the city last year with a large concentration in this neighborhood people also die from gun violence so green mark is homicides in 2006 and the red circles in the past year so really all told there’s been over 123 homicides

In the past ten years so really in many ways this is a bigger impact on residents who were often caught in the crossfire and and they’re scared to go out in their neighborhood so throughout this process and learning from our client impacts interactions with residents became very clear to us that

Residents have been traumatized so either through shootings overdoses housing instability and various other factors research shows that people are traumatized or more likely to experience other negative issues at a higher rate so things like mental health and physical disorders substance abuse domestic violence things like that there’s kind of a shift in understanding

This solely at the individual level to recognize it at the community level so in addition to addressing problems of people there are interrelated factors such as the physical environment equitable opportunity as well so our approach was really to address the opioid problem in a comprehensive way by

Doing this we would have a better chance at lasting change well yes it’s very important to consider the median needs of people dying through overdoses and gun violence without addressing some of those underlying issues like education levels and housing stability we would really only be temporary change so we took a

Strength-based approach we have to focus on specific opportunities and trying to tie that to potential partners so this is really all done with the hope of building a more resilient neighborhood so this community resiliency can really made up a few different components so collective efficacy social cohesion shared expectations control but we

It’s about building community so this is something that is lacking in the neighborhood a sense of the community it really that black level part of that is that a residents have no physical space to actually congregate with each other where they feel safe outside of their homes so the hope with our

Recommendations and implementation was to look at that block by block scale and really build up smaller micro communities where residents became advocates for their adjacent neighborhood it’s really in order to do that we that strength based approach we began to document some of those assets so this is just a map of

Some of the documentation good things like former mill buildings publicly owned land other assets we also tied that into many of the challenges the neighborhood faced so places with high drug activity large number of vacant lots and using that analysis we then broke the neighborhood down into what we

Call focus zones so these were areas that have significant challenges but also major assets and opportunities to build from all while trying to build a sense of community at this smaller block by block level with engaged residents within these focus areas is where we began to take that comprehensive

Approach in our case we broke down recommendations and categorized it in five different ways we did health and safety education economic development housing and community we began to articulate specific recommendations many of which touched on all of these categories and really tied it to partners who would then carry the plan

Out so I’m going to walk you through some of the specific recommendations for one of those focus on in this case it’s the Hope Park area so we started with a more detailed version of that assets and challenges maps in in order to make targeted site specific recommendations

So this is that same area just from a different perspective and bird’s eye view so the first recommendations then these a media attention was really to address the submerged rail right-of-way we discussed earlier it was important to think about short-term and long-term goals to this right-of-way so when the

Project started the area looks something like this and as I mentioned before there are about 75 almost drug users living along the corridor since the project ended the rail corridor looks like this this is attended the city and Conrail the the owners reached an agreement to clean up brush and garbage

As well as better restrict access the city also set up mobile clinics for residents to get treatment they needed a client really impact services really went a step further and extended the time frame for the clinic made connections to other services and have a long-term lasting impact in tech also

Reached a lease agreement with Conroe they turn parts of the right away most adjacent to the neighborhood into a community space really so that cleanup would have a longer lasting impact from our next recommendation dealt with a large stake in industrial building this was really critical to us because it was

Purchased and owned by our client impact services the beauty of these mill buildings are they’re very flexible and serve a variety of plans goals either through affordable housing or new work space or community gathering space understanding a redevelopment of a building like this with takes time we

Thought of strategies in both the short term and long term so what can be done immediately since the project ended impact coordinator with mural arts program and artist Tyree kite on an art piece was done in collaboration with the community and touched on issue of time in the changing neighborhood in the

Meantime impact is working with architects and potential developer partners to determine the exact programmatic breakdown of this development with a strong emphasis on affordable housing and community space there are two major drug corners just east of full park the recommendations included both physical and programmatic ones from the physical

Side a grant was received from Bank of America to make some physical improvements to the park as well as cleaned up some of they get lots and buildings you can see in red impacts also working with numerous mentorship programs run by former dealers and formerly incarcerated residents to

Engage with dealers with the hope of helping them transition to more legitimate work so it’s really that tying in making this best space less conducive to drug dealing as well as finding alternatives for dealers is really critical to addressing the issue in this neighborhood impacts relationships of the neighborhood helped

To pinpoint blocks that very engaged residents within this focus own we called out three specific blocks of what we called micro communities so neighborhood groups organized at the block level and we did a similar thing across across the neighborhood within these blocks impact is working really to

Develop a structure to the work that residents are already doing they’re designating block captain’s organizing regular meetings impacts also working at Train block captain’s on leadership done through risks community connectors training so it’s really about building up and supporting engaged residents byproduct of this micro commuters concept was the expansion of play

Streets this is a program run by the Philadelphia Parks Department during the summer streets are closed to vehicular traffic children can play but also given a free lunch which is very important during the summer where children don’t get to lunch from school that they normally do these are already found

Throughout the neighborhood but are better being coordinated with those micro communities and block captain’s it’s really a great way of building community and social cohesion so those are really just a few of many examples of recommendations found in the plan I really just want to wrap it up with a

Few key takeaways so this plan was always positioned is really a long term neighborhood plan but as work began we soon recognizers really an urgency to get things done because of the opioid crisis so first some of the major recommendations dealt with the opioid crisis head-on examples being the rail

Right-of-way but also things like the locks on training things has saved lives immediately and that was really a most importance but at the same time really keep in mind some of those longer-term issues that are equally important like housing stability stable jobs other things you can build a more resilient community

Another thing we found important was to improve to programmatic ones so if you clean up the rail right-of-way but don’t get users the treatment they need the impact we’re really on a default short-term same can be said for drug corners fixing up big and building makes the corner less conducive dealing but

Without engaging with the dealers and working with in to transition out of drug trade they were most likely just move somewhere else within the neighborhood so finally it’s always good to have in mind potential partners who will administer the work in our case there were already some great organizations doing work in the

Neighborhood so it’s really a matter of connecting the dots of projects that it had already even started and that’s really it like to thank everyone for allowing me to share work hopefully it was informative um I’ll turn it back over to Justin great Thank You Jaime and

I just wanted to remind everyone that there is a Q&A at the end and you can submit questions whenever you have them in the chat box on the right so now I’ll turn it over to Daniel okay thank you all for coming to this I will do my best

To confuse and confound you as much as possible regarding proper zoning treatment of recovery residences and sober living homes I am going to basically be pressing an hour-long presentation into 20 minutes it’s very important that we realize we cannot possibly win the war on drugs without sober homes and

Recovery communities which are a type of community residence for people with disabilities sober homes have really sprung up all over the country particularly in warm climate areas and part of the problem is that there are a lot of ski operators running these homes the way they’re making their fortunes are by also

Writing labs and charging $1,500 for a $50 drug test the poster child for the scam operators is Kenny Chapman in Delray Beach Florida who is now serving 27 and a half years double his plea agreement for his misdeeds while running sober homes which included plate enslaving some of the female residents

And sober homes in prostitution he’s that typical the principle that we need to pay attention to in our be coming back to this again later is under the Fair Housing Act cities and counties are required to make a reasonable accommodation in their zoning for community residences which includes

Sober homes and recovery residences for people with disabilities which includes people in recovery and the taking all the cases together which is important to do because the case law under zoning for group homes under the Fair Housing Act is very fact-specific is that the zoning protections in a city or county adopts

Need to be intended to achieve a legitimate government interest they actually have to achieve that legitimate government interest no pretending that they do and it’s got to be the least dress that means needed to achieve that legitimate government interest we’re looking at all this very carefully because the fair housing Amendments Act

Of 1990 88 added handicapped to the list of protected classes this is an act signed by President Ronald Reagan something I always like to remember remind city councils and planning boards in very politically conservative cities and it treated people with disabilities differently than all the other protected classes by adding this provision that

Discrimination includes a refusal to make reasonable accommodations rules policies and practices when needed to give people with disabilities equal opportunity to use and enjoy it swelling so what the Act is doing is not to give people an advantage as is often misinterpreted by some people in cities over people without disabilities but to

Level the playing field because the people with disabilities can’t live in the community and this includes people in recovery unless they have a group home or the broader term community residents living situation the Act also prohibit is intended to prohibit the use of such special requirements as conditional or special use permits so

It’s very clear from the legislative history of the Act that special use permits or conditionings permits are not the primary means to use the zone for community residences for people with disabilities the Act also these transactions work much better when you’re just in PowerPoint on your computer by the way folks

Whatever you do adopt it cannot be based on false or overprotective assumptions or unfounded fears about the people with disabilities these and similar practices are clearly prohibited by the Fair Housing Act so whatever you adapt needs to be fact-based which I guess is one of the reasons why when you writing zoning

For a city first to a study that provides the basis for the zoning amendments when these studies have strangely grown in the past year from 30 pages to about 65 pages when it comes to figuring out what you can do with zoning for recovery residences it’s always good as ventini

Always said to Inigo Montoya and Fezzik and the Princess Bride go back to the beginning and that means going back to why group homes or community residences to use the broader term were allowed by the courts in residential districts even before the fair housing Amendments Act was passed

In 88 adding people with disabilities number one is these group homes and including sober homes emulate a biological family the staff is in the role of the parents the residents are in the role of the siblings in case of an Oxford House the elected officers are in

The role of the parents and the other folks in the role of the siblings the goal of these homes is to achieve normalization and community integration a concept that wolf Wolfensberger came up with a hundred years ago obviously his well wolfensberger’s parents had a real sense of humor when it came to

Naming their kids and to succeed they need to be located in safe residential neighborhoods but Mat cluster together are concentrated in the neighborhood part of what the reason for all this is what we know from about community residences there’s been over 50 studies done on the impacts of them on property

Values neighborhood safety parking traffic demand etc and they have very consistently found that there are no adverse impacts created as long as they are not clustered together on a block space and they are licensed or certified a clustering can occur when there’s more than one or two on a block phase I would

Generally say a block phase for those who don’t remember the ancient term is both sides of the street block I would say that two homes on a block particularly if they’re serving different populations likely won’t cause any problems getting up to three or four it’s a little uncertain and that’s when

You really want to get into a case-by-case heightened scrutiny of a conditional use or special use permit as a secondary backup provision so next slide these homes do get clustered in 1983 Government Accounting Office report found that was going on consistently in Prescott Arizona where we redid the

Zoning and adopted was licensee law in collaboration with the city’s wonderful attorney John Paladini there were two over 220 summer homes unlicensed unregulated in town of 41,000 that’s a lot Delray Beach within which the New York Times is characterized at the epicenter of the sober home industry it’s

Somewhere between 180 and 250 as of last summer before the zoning and ordinance was adopted in July this other Florida City you can clearly see there is clustering there are group homes being located close together and that causes a problem because yeah as I will get them

To me a little bit more clearly later if you put the homes to get part of the whole idea of the group homes is to be in a residential area where the neighbors serve as role models where you learn the so-called normal behavior from the so called able-bodied

People and that’s I’m putting able-body in quotes it’s kind of like to remember the film One Flew Over the Cuckoo’s Nest where Jack Nicholson got an Oscar I think largely for playing himself the people in that column institution were learning how to live in an institution with mental illness they were not

Learning the skills they needed to live in the community either in a group home or on their own so it’s really kind of critical to get out of that institutional setting and get into a normalized a setting as possible and that’s very difficult to do if your neighbors are primarily or frequently

People with the same disability it’s particularly a serious problem I think when it comes to recovery community residences or sober homes where you can wind up just interacting with other people with the same condition and that goes against the whole idea and underlying concept so we come back to

Our underlying principle from all of the case law the court decisions that whatever zoning we adapt it’s got to be actually achieved the legitimate government interest that it was aimed to achieve to be the least drastic means needed to do it so you’re zoning provisions for communism’s have to be very very

Narrowly crafted the aim of the zoning whatever zoning you adopt needs to be to protect the residents the people live in the commune TSA’s from unscrupulous operators and by protecting the people live in the community residences you are protecting the surrounding community as well to prevent new concentrations and

Undermine the ability of communities to achieve normalization and community integration from developing and prevent existing concentrations from becoming more intense also it is critical and this is something a lot of cities I’m discovering don’t grasp but the zonings got to treat all the community residents is the same you cannot have different

Zoning provisions for different types of community residences based on the nature of the disability you can’t have different local zoning standards based on the type of the disability now just a quick aside there’s a fly in the ointment statewide zoning statutes 39 out of 50 states have some form of

Statewide zoning for group homes or community residences but one they are almost universally sloppily drafted clearly the work of a lobbying special interest group to no rational basis to them especially when they’re the ones that say you’ve got to treat these the same as a single-family home and three

They generally apply only to certain disabilities in Arizona for example it’s just for people with developmental disabilities in other states it’s different disabilities in Florida it’s five different groups but they have licensing for most of the disabilities but for summer homes they have voluntary certification so when you do draft such

Short ordinances I have found the thing to do is to put in an exclusion of in your provisions for except that’s required by state statutes but there’s a catch there because some of the state statutes have plainly illegal provisions in them and those you should just play and ignore they are

Not safe harbor any zoning you do starts with the definition of family the courts have routinely tossed out zoning regulation of too many residences including spacing distances and licensing requirements under these circumstances what if you have a definition of family that allows any number of unrelated people to live

Together as a single housekeeping unit think about it if you require space between a group home and when you have this definition of family or require it to get a license that’s facially discriminatory because you’re not treating it the same as any other group of unrelated people living

Together same thing if there’s no definition of family most of owning ordinance it since the 60s limit the number of unrelated people can live together they have a cap on and that was sanctioned by the US Supreme Court in the Belle Terre decision written by Justice Douglas who was hardly a

Conservative so you can’t limit you can have a cap of say three people unrelated people who can live together so you’re solving for group homes as I’ll show you in the next slide I think kicks a and only for the group homes there are more than three people they also are tossing

The space in licensing out when the jurisdiction fails to conduct the research that provides a factual justification for the space in license and requirements either before they adopt the zoning ordinance which is the time to do the study or in court so the zoning starts with the definition of

Family and in our hypothetical city let’s assume it allows three hundred eighty people to live together if you have a group home proposed for three or fewer people it’s a family allowed as a right in all residential districts if your zoning ordinance doesn’t have a cap on the

Number of unrelated or doesn’t have a definition a family forget about any zoning regulation of community residences for people with disabilities any zoning regulation in those circumstances its facially discriminatory that’s one spacing and licensing gets thrown out in addition if you try to apply space and Licensing in

This case on your screen to a group home with three or fewer people that would also be facially discriminatory awful lot of attorneys can’t just that distinctions just seems to escape them and I just don’t know why if the group proposed community residents exceeds three unrelated people

In this case and virtually all sober homes do because you want to have a larger number of people living together for a whole bunch of reasons that I can go to in the question and answer section the zoning that’s one has got to make a reasonable accommodation for these homes

And that’s one’s got to use at least drastic means that actually achieves legitimate government interest this illustrates that approach the proper way of handling this is to divide the group homes and to do two different types one that offer a relatively permanent tenancy no limit on how long you live

There and the rules of the home or in practice those that have relatively short term tenancy in practice or by its rules when we originally came up with the whole idea of spacing distances for group homes we were dividing them by the number of people living in the home is

Simply illegal now absolutely improper but let’s view that back in 1974 as beta version 0.5 and we now in terms of zoning for group homes up to version 2018 if a home you let’s start on the left side with relatively permanent tenancy you’ve got to allow these as of

Right in all residential districts if they as long as they are more than a rationally based spacing distance from any existing community residence 660 feet is a typical block in Americus and that’s what I’m using here I think you might be able to justify as much as a

Block and a half but no more than that these 1,200 foot quarter mile and half mile spacing distances are plainly illegal and got a lot of right as long as it’s licensed certified or sanctioned by Congress Oxford House which is a type of self governed community residence has

A annual certification process that is the equivalent of licensing and should be treated as licensed if both criteria are met then behind Crites scrutiny of conditional use permit is warranted with relatively short-term homes same sort of criteria but I think it is perfectly legal my conclusion after all these

Years is it’s perfectly legal to require heightened scrutiny of conditions permit to allow these short-term homes in single-family districts because their characteristics are so much closer to that of a multi-family housing with a higher turnover and such I think it is perfectly reasonable to put a cap in

Your definition of a content’s of something like 10 11 or 12 residents because at some point you lose the ability to emulate a family again remember what scene he said in The Princess Bride go back to the beginning and it’s very with all due respect to the film’s Cheaper by the Dozen and

Yours mine and ours it’s really hard to emulate a family where you start getting to 12 13 14 people so if someone wants if you set a cap of 10 then you would have a special reasonable accommodation process very narrowly tailored to allow more than 10 residents where they have

To really demonstrate that they are going to be able to function like a family back at the beginning that you then might ask well how do we regulate the number of control the number of people who live in the community residents besides that limit of 10 you go back to

Your Building Code of property maintenance code that has a provision to prevent overcrowding generally it’s along the lines of 70 square feet for the first occupant of the bedroom and 50 square feet for each additional occupant this was sanctioned by the US Supreme Court in the Edmonds decision on which

I’m very happy to say Brian blazer and I wrote an amicus brief in support of the group home we APA was the only professional organization involved in government the filed amicus in support of the group home all the other government oriented organizations National Iike cities ICMA all of them

Filed amicus briefs against the group home and against the Fair Housing Act so we can feel pretty proud of APA 22 years and being on the right side of history here and the ethical approach so you use this requirement that applies to all community residences for people with disabilities finally there’s a situation

That’s cropping up all over the country where operators are starting to abandon the principled sober home approach and are creating these huge aggregations of people in recovery in this slide from a city in Florida the four buildings that have the colored roofs have a total of

۹۶ people in recovery this is quite a concentration and there is no way you can call these community residences there are many institutions now this is even more intense than the fact situation in the family style case under the Fair Housing Act there they had 21 loop homes expanding to 24 under 19

People to 130 all within a block and a half of each other the courts were concerned that the plaintiffs in this case we’re simply recreating the operators they were recreate an institutionalized setting rather than the institutionalizing that is able and that’s what he’s advocate living arrangements are involved at the moment

I’m applying a term aggregate multi unit living arrangement which really rolls off the tongue smoothly doesn’t it I have one client city that may become the first to adopt regulations on these this is really going on all over the place it’s not just southeast Florida or Arizona or Californians even in

Connecticut where an operator is closing its group homes and putting everyone into a big institutionalized setting crack claiming to be a residential setting when it’s really a mini institution and this is what happens when the big profit big time businesses get involved in something that really should be a home-based business type of

Operation where people in recovery are setting these up because the group on a sober home saved their lives so I realized my time is up I’ll do my best to answer any questions anyone might have and please do not hesitate to visit the website group homes

Law where you can get a November 2015 planning magazine article on this a two-page summary of the maximum restrictions that you can apply to community residences including sober homes recovery residences as well as my Law Review article real Lulu which while it’s twenty-two years old seems to still be good and bizarrely is

Being referenced and cited in long review articles today it’s but don’t be afraid of it it’s written in plain English despite the best efforts of the Law Review articles editors to turn it into legal gobbledygook so I turn it back to Justin thank you so just a reminder before we start the question

And answer all of the webinars in this series are available through APA blog at this link and and you can forward any questions to send our shot at the email below which EPA’s healthy communities so starting with Jamie for the first question there was a question about what

Efforts were taken in Kensington to ensure that drug dealing activities dinkle underground and resurfaced in other areas when when you were looking to clean up at that railroad area yeah I mean that’s a very valid concern and something that we we thought about a lot so our way of dealing with that was

Really to try to tie some of these physical improvements like cleaning up the rail or fixing up drug corners really tie that with more programmatic things so in a rail corridor they it was trying to get drug users treatment they needed in the drug corners really working towards mentorship and providing

Job opportunities and education all those things that I wasn’t exactly to talk about are able to talk about but things they’re discussed further in the plan so ideally the hope was that you know if you kind of get people on a different path they won’t pop up in different different

Neighborhoods or artists with that said this this neighborhood doesn’t have a brand you know people from all over the region to the corner of Kensington have in Somerset in Philadelphia to buy drugs so if you kind of break up that brand the hope is maybe that some of these

Other places their neighborhoods that people aren’t as aware of would be less successful not that that is the end all but it is something we considered okay great I’ll go back and forth with questions so this one’s for Daniel from one of your slides there was the question how does Congress license

Certify or sanction group homes okay Congress is involved in the licensing or certification it’s it’s that’s done statewide or locally but they do sanction group homes through their federal law that requires they’ve sanctioned Oxford House mmm about thirty years ago by federal law and require all states to provide funding to establish

Oxford House like sober homes Oxford House has been the most litigious under the Fair Housing Act and if one of the most cases and brought the most cases they have also been the most effective form of sober Hamel home out there I believe the studies show that somewhere

Between two-thirds and eighty percent of the residents of some of Oxford houses the graduates of Oxford houses three years later are still clean and sober that’s an incredibly wonderfully low recidivism rate great so another question for Jamie in the philadelphia case study what types of alternative jobs were targeted so

There’s a few good examples of businesses in the neighborhood that directly hire formerly incarcerated residents so that was kind of a few partners that we wanted to work with because that was an issue in this neighborhood specifically in that people come back from prison and are unable to

Get jobs there’s also a developer in the neighborhood who does pretty socially conscious work they’ve redeveloped some former mill buildings they’ve gotten some food-related businesses to move in and create a kind of these jobs that don’t need high levels of education and are looking to hire locally they also

Own a bunch of storefronts on Kensington Ave which is kind of the main commercial drag in the neighborhood they recently teamed up with the Commerce Department – they called it a Kensington storefront challenge where neighborhood residents were able to pitch business ideas to the developers who picked some of these

Businesses gave them free rent in these places and some money – to start their businesses so it was really ideas kind of tapping into that entrepreneurial spirit in the neighborhood and setting up some local businesses create jobs as well so those are just a few examples for Daniel how how can planners affect

The dispersal of group homes well the spacing distance is the primary tool I’m a just heard from someone with the fair housing organization this morning who said a local town with 1,500 residences was concerned because they had six group homes all close to each other in one neighborhood and they

Wanted to disperse them throughout the community and the fair housing persons response was well wouldn’t that be steering no you can by using a spacing distance you’re going to at least as of right keep the homes from all congregating on just a couple of blocks and likely from in a single neighborhood

You certainly and by having these homes as a permitted use in all residential districts that the family committee residences at least you open up the entire city to the community residences which will disperse them as well while a lot of operators will congregate towards the lower priced housing there are

Operators that there sufficient profit in this that they will also establish homes in higher priced neighborhoods as well one of the key concerns is being in a safe neighborhood because the people in the community residents are much more likely to be the victim of a crime than

A perpetrator of a crime so the space innocence does seem to work pretty well I know from our experience and Prescott were as I mentioned they had 220 silver homes since the zoning and licensing laws were adopted now it’s two years since licensing law was adopted

They went first from 220 to about a hundred summer homes after the insurance industry crack down on the scam artists they had has since fallen down to about 45 about 55 of them just pulled out stakes because they couldn’t they were sure they they were scam artists they could not meet very rudimentary

Licensing requirements the licensing ordinance in Prescott the substance of it was just eight pages long wasn’t that the man but it provided protections for the people in the homes and what’s happened since then is nine homes got their license Emelia 35 are going through the licensing process if you in some

Jurisdictions by the way if you want to use the statewide association of recovery residences and to handle your licenses their certification reviews and Florida State the politicians on the radical right and we’re free to say when the not statewide licensing button so they’re not voluntary certification but

What cities are able to do and I think Delray Beach was the first is required that you’d get that certification to be able to operate and the Florida Association of recovery residences has denied certification and they’re determined to put out of business the scam operators and in fact the executive

Directors been sued for libel and one of the scam operators so it’s going to vary state by state but that you know the spacing will lead to dispersal prevent further concentration or more intense concentration but you do have to allow that special use backup for those circumstances where someone was located

With those facing distance and it won’t generate adverse impacts thank you for Jamie was the public health department involved in your project and can you please explain the role they have in the process and what type of partnerships were developed um so I would say they were really indirectly

Involved so there’s a local organization in the neighborhoods called prevention point which we were strong partners with and they work with impact services kind of started as a little exchange but now provide a variety of different treatment and services to uh in the in the drug trade so while

Plan was going on prevention point was working with the Health Department on something the city called the opioid task force so a lot of our recommendations really pulled stuff from that opioid task force and really targeted to very specific places within our neighborhood some of these broader recommendations so they weren’t

Necessarily directly involved but they were indirectly involved through prevention point and for Daniel there there are a couple questions related to some of the legal classifications both of family and of addiction being classified as a disability and whether that is at the federal level or the state level that that’s interpreted

Whether that was very state-by-state either of those definitions or whether that’s the federal definition okay I’ll take the second half first people in recovery are definitely disabled I actually dug up an old memo from ten years ago that’s about ten pages long and going through it in detail the

Courts have been extremely clear starting under the Americans with Disabilities Act that people in recovery who are not are disabled under the Fair Housing Act it adds the provision who are not currently using so if someone is in recovery but they start using them the Fair Housing Act no longer protects

Them against housing discrimination the definition is a family that’s a local thing what you adopt at the local level there may be some states that have some state wide laws regarding the definition of family I really don’t know off the top of my head but it’s at the local

Level you have a choice of how you define family and the thing that’s creating issues right now our jurisdictions that don’t want to find family at all because of the very many different ways that families are constituted today and it’s very hard to get it across to them if you don’t

Define family then you’re not going to be able to regulate too many residences for people with disability at all or those that don’t want to have a cap on the number of unrelated people living together who don’t quite understand the Supreme Court said it’s perfectly legal to have a cap who just

Don’t quite understand that then they can’t regulate group homes at all either it would be discriminatory on its face if you what you know I want to talk about this further my phone number was up there my email address is there please contact me after tomorrow okay I

Think that takes us to 4:00 p.m. so just in an hour thanks everyone for joining us and thank you both for speaking and again everyone will receive the recorded webinar and it will be available for continued learning so you should be able to recommend it to your friends and

Colleagues if you found it valuable thanks again everyone for taking part in the series

ID: qweX8iQVHDk
Time: 1522774058
Date: 2018-04-03 21:17:38
Duration: 00:57:55

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