Residential Care Act, 63 O.S. 1-819, et seq.
A resident has remodeled a home and has now told the City he intends to operate a senior care facility for up to five residents in his home. He will hire one employee and he will live in the home as well. His home is in a single family residentially zoned district.
Has anyone addressed the issue of whether the non-discrimination and reasonable accommodation requirements of the ADA and FHA and the "Oxford House" line of cases would extend to require a city allow the operation of a senior care facility in a single family zoned district? Is being aged, in itself, constitute a "disability"?
Any research or information you can share would be appreciated.
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.
I have only seen such situations in the context of "elderly with disabilities," not simply elderly. I'm happy to discuss the process we went through, but am probably not helpful on the question of when being aged may itself constitute a "disability."
Beth Muckala
Assistant City Attorney
From: Jon Miller JMiller@cityofmustang.org
Sent: Monday, August 22, 2022 3:36 PM
To: oama (oama@lists.imla.org) oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] Residential Care Act, 63 O.S. 1-819, et seq.
A resident has remodeled a home and has now told the City he intends to operate a senior care facility for up to five residents in his home. He will hire one employee and he will live in the home as well. His home is in a single family residentially zoned district.
Has anyone addressed the issue of whether the non-discrimination and reasonable accommodation requirements of the ADA and FHA and the "Oxford House" line of cases would extend to require a city allow the operation of a senior care facility in a single family zoned district? Is being aged, in itself, constitute a "disability"?
Any research or information you can share would be appreciated.
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.