Group homes to face more restrictions in Palatine

3-6-2012 Illinois:

Some Palatine residents may not have successfully pushed for background checks of prospective group home tenants, but they did compel officials to vote for other regulations aimed at increasing everyone's safety.

In addition to requiring all parking take place on-site and off the street, the village council Monday unanimously decided on more restrictive occupancy levels, lowering the maximum number of residents allowed from eight to four. Future facilities seeking to house additional people will have to obtain special approval.

Councilman Aaron Del Mar said the new occupancy regulation doesn't mean officials won't allow the larger facilities, but it does ensure they'll undergo more scrutiny before opening.

“The village says no more than three unrelated adults can live together, so why should this be any different,” Del Mar said.

The subject of group homes became a hot topic in recent weeks after neighbors discovered NeuroRestorative, a national residential rehabilitation provider based in Carbondale, intends to open one in a quiet residential area on the 1100 block of Deer Avenue.

Residents quickly learned that the federal Fair Housing Act prohibits a community from barring group homes altogether, so their focus turned to minimizing the neighborhood impact.

Frank Annerino, who lives near the proposed group home, did extensive research and discovered court decisions from across the U.S. that upheld a community's ordinance to cap group homes at four people. He believes that's a number that allows for adequate care, thereby keeping residents, employees and neighbors safer.

Annerino and others pushed for officials to require background checks of residents, but village attorney Bob Kenny cautioned against any action he believes puts Palatine at risk of losing litigation.

“Judges would look at that, in my opinion, and say you're not treating a group home the same way you're treating a single-family home,” Kenny said.

Council members agreed that the requirement would be pointless anyway, since they wouldn't be able to ban a resident or inform the public should they discover a resident with a criminal background. They urged the state to examine the policy.

Village Manager Reid Ottesen said that of Palatine's 12 group homes, there has been one battery over the past two years. Most of the roughly 60 other emergency calls in that period were medical-related or due to false fire alarms.

“Most people don't even know they're there,” Ottesen said.

The new regulations, which also require facilities not licensed by the state to get a special use, will only apply to future group homes. They won't become official until the council takes a final vote next week, which will be simply a formality barring any developments. Ottesen requested the extra time to ensure the amended ordinance is properly worded. ..Source.. by Kimberly Pohl