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Community-based residential care facilities in family neighbourhoods : a problem of land-use control & equity

University of British Columbia

Community-based residential care facilities are defined in terms of the following characteristics: (1) they provide a service to persons afflicted by a particular social, psychological or physical disfunction, (2) the method of treatment includes a requirement that the persons being treated live together, at least temporarily, at the place where the service is provided, and (3) the method of treatment requires or is facilitated by a location in which the neighbours and community facilities of a normal residential area are accessible to those receiving the service or treatment. Examples include half-way houses for convicts released from jail, rehabilitation facilities for ex-addicts, homes for the physically and mentally handicapped, shelters for victims of family violence, and foster homes. To the extent that the defining characteristics of the group to be served is perceived as something threatening and that the residents are seen as something other than a "family", there is conflict between the objective of helping those being treated by locating the facility in a typical, family neighbourhood and the desire of the other residents of the local community to restrict land use within their area to homes for "normal" families and single individuals. Depending on the attributes of the group to be served, this desire for normalcy is often expressed in fears about declining property values/ personal injury and property damage caused by the users of the facility, corruption of the morals or encouragement of deviant behaviour among others in the neighbourhood, and general incompatibility of values and behaviour. Academic literature and local experiences with attempts to establish community-based residential care facilities are used to explore the sources and justification for neighbourhood opposition to such facilities. Examples of zoning legislation from the North Shore of Greater Vancouver reveal the variations in land-use policy. Case law and 'representative statute law show that discriminatory zoning by-laws can be considered ultra vires if they "land zone by people zoning". Also, establishment of residential care facilities is examined from a human rights point of view as they pertain to discrimination in housing. The conclusions suggest possible programmes and strategies for facilitating the establishment of community-based residential care facilities including possible change to legislation and regulation and the amelioration of conflict between opposing interest groups.

Text

2010-03-09

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http://hdl.handle.net/2429/21665

Planning

University of British Columbia

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