The federal Fair Housing Amendments Act of 1988 effectively prohibits placing additional zoning requirements on a community residence for people with disabilities that otherwise meets the requirements for other residential uses.

The City needs to update the Zoning Code to ensure compliance; to better align with the Commonwealth of Pennsylvania regulatory standards; to provide additional flexibility and opportunity for development of housing; and to make it easier for applicants and communities to understand the Zoning Regulations around group living uses.

Currently, Personal Care Residences and Community Homes are separate definitions in the Zoning Code. These uses lack clarity and don’t align with state regulations for group homes, creating confusion for the public, for providers who want to file applications, and for the city staff reviewing the applications. This legislation merges these uses and creates a clear definition.

The changes update the definition of Personal Care Residence to make sure that transitional housing (such as women's shelters, drug rehabilitation sites, and similar uses) is included in a use category in the zoning code. Currently the Zoning Code is unclear about many of these uses. They may fit under the Community Home use, they may fit under a different group housing category, or may be treated as an unlisted use.

The smaller version of these group housing uses, which are similar in size to one- or two-unit residential uses, are permitted in the same areas of the city as the smaller residential uses, while the larger version will be permitted in similar areas as multi-unit residential uses. Treating group housing uses differently (like requiring extra hearings and criteria) than the equivalent residential counterparts is a form of housing discrimination and is not permitted under the Federal Fair Housing Act.

Senior Housing will now be aligned with multi-unit residential uses. The age of the householder has been reduced to 55 years old to comply with the Federal exemption.

Assisted Living Facilities have been expanded to include nursing homes to prevent any conflict with state requirements.

Multi-Suite Residential will now be permitted where multi-unit residential uses of similar scale are allowed.

Interim Housing is a new use that will permit alternative housing typologies. The process requires community meetings, and the applications must meet certain requirements before proceeding. This new use would be allowed in all zoning districts where the Hotel/Motel use is permitted, and would be treated as a Special Exception, which requires a public hearing before the Zoning Board of Adjustments for approval.

Definition of "Family" is changed to "Household" and means a person living independently or a group of persons living as a single household unit using housekeeping facilities in common. This removes a troubling and outdated definition that regulates families and households based on bloodlines.

Institutional Structure Conversion will be allowed as an Administrator’s Exception that permits the change of one existing group residential or institutional use (hospital, convent, etc.) to another group residential use regardless of the zoning district.

Custodial Care Facility is “a facility providing custodial care and treatment in a protective environment for persons residing or attending by court placement, post-correctional facilities, juvenile detention facilities, temporary detention facilities, and halfway houses. This includes halfway houses and similar facilities for people on probation or parole and halfway houses for people leaving a correctional facility or placed there as a form of alternative sentencing.” These uses remain Conditional Uses, requiring Planning Commission and City Council, in the same Zoning Districts.

This EngagePGH page shall be updated and open to public comment and will continue to provide additional clarification and information.

Department of City Planning staff will meet with communities interested in understanding more about this legislation before the City Council hearing.

The City will communicate to the public about the legislation.

City Planning staff is recommending:

• An amendment to the Personal Care Home definition to include a requirement for the appropriate state-level licensing.

• Removal of the section of the legislation that would permit dormitories outside of an EMI (Educational Medical Institution) district.

• An additional requirement for Interim Housing applications to identify all related wrap-around services.

No.

These amendments are necessary for the City to comply with the Federal Fair Housing Act, and to make sure that the Zoning Code does not allow communities or individuals to discriminate against other individuals or groups of individuals by creating a more difficult or more expensive process. This anti-discrimination law has its roots in responding to the legacy of housing discrimination in the United States through the use of redlining, restrictive covenants, and zoning laws to make it harder or even illegal for certain people to live in certain neighborhoods. That protection from discrimination extends to all individuals, including those that live in group, transitional, and other types of housing.

Group housing of up to eight individuals and a caretaker is already permitted by-right without any hearings or special requirements in all Zoning Districts where any residential use is permitted. The proposed changes do not fundamentally change this right. The changes will instead require Personal Care Residences to be licensed and regulated by the State and will allow a household size of no more than 10 individuals.

Larger Personal Care Homes (with 11 or more residents) will remain a Special Exception in Residential Zoning Districts where they’re permitted (not permitted in Single-Family Residential districts). These are permitted by-right where multi-unit residential is permitted by right, as the potential impacts of these uses are similar to each other.

Sometimes Group housing operators and other residential users or operators will attempt to operate without permission and/or in violation of the requirements established by related city, state, and county agencies. The Zoning Code is one of the codes that regulates these uses, but not the only one. The County health code and City & State building codes have regulations that address the number of occupants and related health and safety concerns. If a use is operating without permits, it should be reported to 311 immediately, and the appropriate enforcement agencies would be notified, and an enforcement record would be created. Businesses or property owners that are found to be in violation will be prompted to correct the violations or face penalties.

Continued public comment will be taken and outreach completed during Fall 2024. Then a public hearing will be scheduled at City Council. Notice of that hearing will be posted here on this EngagePGH page and on the City Council website. To find out about to testify at that hearing, please click here.