Hi,
My name is Katherine and I live in Wisconsin. I'm in the process of
getting our home certified by the county. My question is that our
neighbors are really upset about us wanting to do this and trying to
stop us with everything they have. What ammunition do you know of
that can be used...legal terms, etc. that will educate them and
hopefully stop a lawsuit they are pursuing. We are scheduled for a
court date this upcoming Thursday, September 14 at 8:30am. We are
building our home and told the Village Board that we want to do an
Adult Family Home and everyone of the immediate neighbors (new
subdivision) tell us that we can't run a business out of a single
family residence and if we are planning on having anyone live with
us that isn't family, it is against the subdivision
covenents/restrictions. Please help us if you can and guide us. We
have an attorney who is going to do what he can but would like any
advice you may have for us. It seems that the neighbors are just
dead set against disabled and business in our home.
Thanking you in advance.

Katherine


Dear Katherine,

Small care facilities are considered single family homes. Adult
family homes are required to be located in residential
neighborhoods.

HFS 88.05(1)

(1) LOCATION AND ACCESS TO THE COMMUNITY. An adult family home
shall be located so that residents can easily get to community
activities and supportive services by walking or by means of
convenient private or public transportation, or the licensee shall
ensure that residents receive the assistance necessary to enable
them to get to those activities and services. The home shall be
located in a residential area which is typical of residential areas
in that community.

I used ProvidersWeb.com's State Pages link to find the section of
the law that pertains. It came up instantly. You can use the state
pages free for being a member of ProvidersWeb.com.

The link is: http://folio.legis.state.wi.us/cgi-bin/om_isapi.dll?
clientID=32425941&infobase=code.nfo&jump=ch.%20HFS%2088

In some states there is a provision in the law that states if the
subdivision
covenants/restrictions prohibit small care homes from operating,
then it might be legal. However, the federal housing and American
with Disabilities Act's non-discrimination laws may overrule the
subdivision's rule. You should give your attorney this
information. You could also try the state Office of Civil Rights.
I would also call your licensing agency and ask for assistance. I
do believe you will be in the right. However, sometimes these
things are hard to fight.

What you are experiencing is unfortunately commonplace.
Neighborhood homeowners need to understand that we all have a
responsibility to assist our society's disadvantaged. Its one of
the best laws our country has going for it. Good luck. Please
update us about the results of the meeting.

Sincerely,
~Diane