THE "USUAL INCIDENTS OF CITIZENSHIP": RETHINKING WHEN PEOPLE WITH DISABILITIES MUST PARTICIPATE IN PUBLIC VARIANCE PROCEEDINGS.

A great deal of litigation has delineated the contours of when the Fair Housing Amendments Act (FHAA) requires localities to adjust zoning policies to allow the operation of group homes for people with disabilities. These decisions almost always find a claim to be unripe unless the residents first request a zoning variance, thereby providing the locality an opportunity to grant an exception or revise its laws. However, advocates have identified negative effects that variance proceedings—including public notice and hearings—can have on people with disabilities. Moreover, public hearings frequently mobilize neighbor opposition based on stereotypes, and can counterintuitively frustrate the information-sharing goals of the variance process. Considering these factors, this Note argues there are instances where a locality will violate the reasonable accommodation provision of the FHAA if it requires participation in public variance proceedings. [ABSTRACT FROM AUTHOR]