The Fair Housing Act

SB 2’s planning and zoning requirements are intertwined with the goals of fair housing and anti-discrimination laws, including the federal Fair Housing Act and the Americans with Disabilities Act. By ensuring access to housing opportunities within communities, SB 2 aims to combat segregation and policies that exclude (either intentionally or effectively) certain populations.

Land use practices and decisions violate federal and state fair housing laws if they deny equal housing opportunities to a protected class, including to individuals with a disability.

How can a jurisdiction avoid discrimination in land use practices and decisions?

  • Avoid intentionally or effectively denying equal housing opportunities based on who will use the property
  • Avoid actions that may disproportionately limit housing opportunities to people based on personal characteristics
  • Do not impose different requirements on residential development or emergency shelters receiving federal or state government support
  • Allow reasonable accommodations when necessary to allow people with disabilities equal opportunity to use or enjoy a dwelling

While SB 2 prohibits discriminatory limitations against shelters, and transitional and supportive housing, it does not prohibit cities from extending preferential treatment for such uses.