Fair Housing, HOAs, and Group Homes: What You Need to Know

If you are looking at opening a group home, assisted living residence, or sober home in a residential neighborhood, one of the first questions is almost always the same:

Can the HOA stop me?

It is a fair question. It is also one of the areas where people get flooded with bad information, strong opinions, and a lot more fear than clarity.

I deal with this issue regularly, and here is the basic framework.

The short answer

Usually, no.

In most cases, an HOA cannot simply block a group home for individuals with disabilities because it does not like the idea, does not understand the use, or wants to hide behind boilerplate covenant language.

That is because federal fair housing law generally controls here, and federal law overrides private HOA restrictions when those restrictions operate in a discriminatory way.

Start with the law that actually matters

The Fair Housing Act is the starting point for this conversation.

Under federal law, individuals with disabilities are a protected class. That means HOAs, like cities and counties, cannot discriminate against them in housing.

That protection extends to homes serving individuals with disabilities, including many group homes, sober homes, and assisted living-style residential settings.

This is where many HOA boards get it wrong. They often approach the issue as if they are simply enforcing neighborhood rules. But when those rules are applied in a way that denies housing opportunities to people with disabilities, it is no longer just a private covenant issue. It becomes a fair housing issue.

“Single-family only” and “no business use” are not magic words

HOAs often point to restrictions such as:

• single-family residential only

• no business use

• no commercial activity

Those phrases may sound powerful, but they do not override federal law.

A home for people with disabilities is still, first and foremost, a home. People live there. They sleep there. They eat there. They build routines and community there. The fact that services may be provided in the home does not automatically transform it into a prohibited commercial use.

Courts have repeatedly recognized this point. Group homes are residential in character, and they are entitled to protection under the Fair Housing Act.

So when an HOA tries to say, “This is a business, not a residence,” that is a clear indication that the HOA does not understand its obligations under the Fair Housing Act (and, possibly, under similar state laws).

Reasonable accommodation is where this often gets resolved

That does not mean every HOA rule disappears.

HOAs can still enforce rules that are applied neutrally and consistently, such as rules involving design standards, parking, fencing, exterior changes, and signage.

But even then, the analysis does not stop there.

Under fair housing law, HOAs may be required to make a reasonable accommodation when an exception to a rule is necessary to allow individuals with disabilities equal use and enjoyment of housing.

That is an important concept, and it is often the turning point in these cases.

A well-crafted reasonable accommodation request is not just a courtesy letter or a note explaining what you want to do. It is a legal argument. It should be thoughtful, fact-specific, and strategic. Done properly, it can solve the problem early. Done poorly, it can create confusion or make the dispute harder than it needs to be.

The practical takeaway

If you are looking at a property in an HOA, do not assume the answer is no just because someone on the board says so. But also, do not listen to advice that you should ignore the HOA entirely.

Review the covenants carefully. Look at how the rules are written, how they are being applied, and whether the proposed residents are protected under fair housing law. In many cases, the HOA’s initial position is based more on assumption or misunderstanding than actual legal authority.

It is also often wise to think through communications early, including how and when to engage the HOA board and, in some cases, nearby neighbors.

Bottom line

HOAs do not get to opt out of federal and state fair housing laws.

If you are opening a group home, sober home, or other residential setting for individuals with disabilities, the legal analysis is usually much more favorable than people think.

And this is exactly why it is important to get good legal advice early, before fear, misinformation, or neighborhood politics take over the conversation.

This blog post is intended to provide general information and guidance on the topic of assisted living residences and does not constitute legal advice or opinion. For questions or concerns that apply to a specific situation, you are welcome to contact us, or your own attorney.

We welcome topic suggestions! Write to michelle@pinkowskilaw.com if you are curious to learn more about a certain topic impacting assisted living or other group housing concerns.