A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to require public hearings prior to the licensing of group homes in residential neighborhoods.

WHEREAS, The Fair Housing Amendments Act of 1988 extended the protection of the 1968 Fair Housing Act (the "Act") to persons with a physical or mental impairment which substantially limits one or more of their major life activities; and

WHEREAS, the U.S. Supreme Court has interpreted the provisions of the Act to include persons suffering from alcohol and/or drug dependency or addiction within the meaning of "handicapped"; and

WHEREAS, under the Act, state and local governments are prohibited from refusing to make reasonable accommodations in rules that would afford disabled persons an equal opportunity to use a dwelling; and

WHEREAS, residents of neighborhoods in which group homes seek to locate are often concerned about the impact a group home will have on the health and safety of the neighbors; and

WHEREAS, although local governments cannot prevent group homes from locating in residential neighborhoods, the residents of the area have a First Amendment right to speak out against homes to which they object; and

WHEREAS, Tennessee law provides that the Department of Mental Health and Mental Retardation is authorized to license facilities operated for the provision of mental health, mental retardation, or alcohol and drug abuse services in the State of Tennessee; and

WHEREAS, it is fitting and proper that the State of Tennessee require that a public hearing be held prior to licensing any group homes for disabled persons so that citizens will have an opportunity to express their concerns.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to require public hearings prior to the licensing of group homes in residential neighborhoods.

Section 2. The Metropolitan Clerk is directed to send a copy of this Resolution to each member of the Davidson County Delegation to the Tennessee General Assembly.

Section 3. That this Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jamie Isabel