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5 Years To Draft ~ 5 Fatal Flaws: The Los Angeles Community Care Facilities Ordinance.

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Presentation on theme: "5 Years To Draft ~ 5 Fatal Flaws: The Los Angeles Community Care Facilities Ordinance."— Presentation transcript:

1 5 Years To Draft ~ 5 Fatal Flaws: The Los Angeles Community Care Facilities Ordinance

2 First drafted in 2007, The Los Angeles City Council’s Community Care Facilities Ordinance: 1. Harms Those In Need 2. Violates City, State & Federal law 3. Costs L.A. More Than $85 Million 4. Fails Its Own Mission 5. Mandates Immorality

3 1. The Ordinance Does Great Harm Restrictive lease requirements directly threaten: Housing shared by seniors on fixed incomes Permanent supportive housing for homeless individuals Supportive housing for recovering veterans Independent living group homes for the aged Group homes for the disabled & mentally ill Facilities which support those in recovery The Measure is retroactive, threatening all existing and future group and supportive housing.

4 Still More Harm The Ordinance threatens residents of 43,000 shared households The Ordinance is certain to increase homelessness Landlords will be required to conduct criminal background checks at their own expense \ Property Owners must obtain Conditional Use Permits & Pay Relocation Expenses “[the Ordinance] may have a disproportionate impact on shared and transitional housing... to persons with disabilities (i.e. mental health patients, physically disabled individuals, people with HIV or AIDS, and formerly homeless individuals, etc.).” L.A. Housing Department, 7/27/11

5 2. The Ordinance Breaks The Law The Community Care Facilities Ordinance Violates Federal, California & Los Angeles Statutes. With one exception, courts which have reviewed similar laws have found them unacceptable. − The exception, Newport Beach, in no way mirrors the demographics of Los Angeles. It is a model of no value. The U.S. Supreme Court recently held a similar ordinance in violation of Fair Housing laws (The Oxford House v. City Of Edmunds).

6 Breaking The Law Ordinance’s Provisions violate: Federal Fair Housing Amendments Act of 1988 Section 504 of the Federal Rehabilitation Act The California Fair Employment & Housing Act The Americans with Disability Act The Los Angeles General Plan “...we conclude that the Ordinance, as currently drafted, would violate a slew of federal & state anti-discrimination statutes...” Munger, Tolles & Olson Legal Analysis, 1/12/12

7 3. The Ordinance Costs Millions $70 million in Federal Housing aid is threatened. Increased homelessness & public safety costs will rise by more than $11 million. Bureaucracy & enforcement will cost millions The City will be liable for at least $6 million in legal fees and costs “...this ordinance...places McKinnery-Vento Homeless Assistance..VA Supportive housing...Section 8. & Shelter Plus care...HOME dollars, Housing for People With Aids and CDBG funding at risk.” Michael Arnold, LAHSA

8 4. The Ordinance Fails Its Own Mission Litigation will prevent the Ordinance from ever being enforced. The City will be flooded with expensive Conditional Use Permit applications, choking enforcement and impairing efficiency. The Ordinance will not improve the City’s capacity to address true nuisance properties. “...the City would be better served by enhancing or streamlining its procedures for enforcing nuisance laws...” Munger Tolles & Olson, Legal Analysis cover letter, 1/12/12

9 5. An Immoral Law The Community Care Facilities Ordinance, Is Inherently Unfair: The Ordinance restricts those in distress or in need to housing in just 40% of Los Angeles neighborhoods. They are banned from the remaining 60%. Punishes Poverty: It will force people on fixed incomes or dependent on shared or supportive housing out of their homes.

10 Discriminates: Under the Community Care Facilities Ordinance, the elderly, the disabled and the downtrodden all face unequal treatment and blatant bias before the law. “We have been champions of civil rights, fair housing and fairness to the disabled over the years. This ordinance is a step backwards...” Councilman Richard Alarcon, 5/26/11 An Immoral Law

11 Five Years Is Enough! It is time to: 1. Defeat the Community Care Facilities Ordinance. − Visit to get 2. Establish a Task Force to create a system which rapidly addresses nuisance properties using existing or enhanced enforcement tools.


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