Fair Housing Act Zoning Discrimination Settlement
Author: U.S. Department of Justice
Published: 2009/03/18 - Updated: 2026/02/02
Publication Type: Announcement
Category Topic: Laws and Rights - Related Publications
Contents: Synopsis - Introduction - Main - Insights, Updates
Synopsis: This announcement from the U.S. Department of Justice details a legally significant Fair Housing Act settlement involving the town of St. John, Indiana, which denied a zoning variance request that would have allowed a person with multiple sclerosis to reside in a single-family home. The information carries authority as it comes directly from federal government sources and documents actual enforcement actions taken under disability discrimination law. People with disabilities, advocates, and municipal officials will find this case particularly valuable as it clarifies how local zoning regulations must comply with federal fair housing protections, demonstrating that residential restrictions cannot legally exclude individuals based on disability status. The settlement required variance approval, fair housing training for town officials, ongoing federal reporting, and a $10,000 civil penalty, establishing important precedent for how communities balance local zoning authority with disability rights protections - Disabled World (DW).
Introduction
Justice Department Settles Allegations of Disability Discrimination Against St. John, Indiana
The Justice Department announced a settlement resolving allegations that the town of St. John, Ind., violated the Fair Housing Act when it denied a petition for a zoning variance based on the disability of a prospective resident.
In a lawsuit filed in September 2007, the U.S. government charged that the town of St. John intentionally discriminated against persons with disabilities when it refused to provide a St. John resident a variance to allow one unrelated individual with multiple sclerosis to live with the resident in his home.
Main Content
The complaint also alleged that the requested variance was reasonable and necessary to afford prospective residents with disabilities an equal opportunity to use and enjoy a dwelling in a residential neighborhood in St. John. Under the town's zoning regulations at that time, unrelated persons could not live together in a dwelling in a single-family district. After the town denied the variance, the resident filed a complaint with the U.S. Department of Housing and Urban Development (HUD), which referred the matter to the Department of Justice.
"Local governments have the right to enforce their zoning laws, but they cannot allow their zoning decisions to be influenced by discriminatory bias," said Loretta King, Acting Assistant Attorney General for the Civil Rights Division. "The Department will continue to vigorously enforce the rights of persons with disabilities to live in homes of their choice."
"The path to diverse, inclusive communities begins with zoning," said Bryan Greene, General Deputy Assistant Secretary for Fair Housing and Equal Opportunity. "HUD works in partnership with the Department of Justice to respond to local government decisions that can sometimes exclude whole classes of persons from communities."
The settlement, which must still be approved by the court, requires the town to grant the requested variance, provide training on fair housing laws to town officials involved in making zoning and land-use decisions and provide periodic reports to the Justice Department. The town will also pay a $10,000 civil penalty to the United States.
The Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status.
Individuals who believe that they may have been victims of housing discrimination can call the Housing Discrimination Tip Line, email the Justice Department, or contact HUD.
Insights, Analysis, and Developments
Editorial Note: This case stands as a reminder that well-intentioned local governance frameworks can inadvertently create barriers to housing access for people with disabilities. While municipalities retain legitimate authority to regulate land use and maintain community standards, those powers stop where disability discrimination begins. The St. John settlement illustrates how federal fair housing enforcement works in practice - not through sweeping reforms, but through careful scrutiny of individual decisions that may appear neutral on their surface yet deny opportunities to vulnerable populations. For housing advocates and policymakers alike, the lesson here extends beyond this single variance denial: every zoning decision affecting people with disabilities deserves examination not just for procedural compliance, but for whether it upholds the broader principle that everyone deserves equal access to safe, appropriate housing in communities of their choosing - Disabled World (DW).Attribution/Source(s): This quality-reviewed publication was selected for publishing by the editors of Disabled World (DW) due to its relevance to the disability community. Originally authored by U.S. Department of Justice and published on 2009/03/18, this content may have been edited for style, clarity, or brevity.