By Colleen Miller

THE DAILY NEWS-RECORD reported last month on a plan to open a group home for people with developmental disabilities in New Market and covered the angry response of the home’s future neighbors (“Deed Restrictions Vs. Fair Housing,” Sept. 28; “A Chance To Live The Good Life,” Sept. 28).

While the New Market town council recognized the rights of people with disabilities to live in the community of their choice, residents of the Pleasant View subdivision continued to voice their opposition. The town council correctly noted that state law protects group homes from the discriminatory conduct advocated by some Pleasant View neighbors. They should know that federal law protects the group home, as well.

Since 1988, people with disabilities have been protected under the federal Fair Housing Act (FHA). The federal law was originally designed to address discrimination based on race, national origin and other protected classes that have long been the subject of threats and prejudice when attempting to live in communities of their own choosing.

In 1988, the law was expanded, recognizing that people with disabilities face the same kinds of discriminatory behaviors and unjustified fears as do people in the other protected classes. The behaviors and fears expressed by some of the residents of Pleasant View are precisely the kinds of discriminatory conduct barred by the FHA.

The FHA states that any person or group who interferes with the right of a person with a disability to live in an area of his or her choosing is guilty of violating the law, if the interference is because of the person’s disability. The actions by some of the residents of Pleasant View are clearly violations of the FHA.

Some of those residents argued that their deed restrictions would prevent a group home from being in the neighborhood, but those restrictions, too, are specifically invalidated by the FHA. Likewise, under the FHA, it is unlawful to take action against a home because of the disability of the people who would live there. Therefore, even the lawsuit threatened by the angry residents may be barred under the federal law.

Protests and threats by neighbors of the group home could be viewed as coercive or intimidating, and federal law states:

“It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by [the Fair Housing Act]. 42 U.S.C. 3817.”

The arguments made by the opponents of this home are old and patently false. Homes for people with disabilities have existed in communities just like Pleasant View, for many decades, with no negative effect on property values, no increase in crime, and no increase in traffic. These false fears arise from the fact that people with intellectual disabilities have been segregated from society for too long. Simply put, it is a fear borne of the unfamiliar.

The law is unambiguous that individuals with disabilities have the right to live in the community, but awareness of the law alone will not resolve the protests of those who have preconceived notions of individuals with disabilities. Only time, experience and knowledge will overcome those notions. Individuals with intellectual disabilities have been denied their rights for too long. We must continue to break down the barriers between them and their right to freedom and inclusion.

If you or someone you know thinks your rights under the Fair Housing Act have been violated, you may file a complaint with the Department of Housing and Urban Development (HUD) or the Virginia Fair Housing Office. The complaint can be filed by mail, phone, fax or e-mail. For more information or to file a complaint by phone, call HUD at (800) 669-9777 or the Virginia Fair Housing Office at (888) 551-3247.

You can also contact us at (800) 552-3962. The Virginia Office for Protection and Advocacy works to advance the rights of all people with disabilities to live fully integrated lives in the community. We hope that these new residents of Pleasant View will be able to enjoy their home, without prejudice and with the support of the town. The law demands it, and the individuals deserve it.

Colleen Miller is director of the Virginia Office for Protection and Advocacy in Richmond.