Group House of Port Washington, Inc. v. Board of Zoning Appeals, 45 N.Y.2d 266 (1978)
A municipality cannot apply zoning ordinances defining ‘family’ so stringently as to exclude a small group home for foster children that functions as the functional equivalent of a natural family.
Summary
Group House sought a building permit to operate a foster home for children in an area zoned for single-family residences. The town denied the permit, arguing it wasn’t a ‘family’ under the ordinance. The New York Court of Appeals held that the group home, operating as a functional family unit, could not be excluded. The court converted the Article 78 proceeding to a declaratory judgment action. The court reasoned that excluding a group home that functions as a natural family serves no valid public purpose, but emphasized that the ruling was limited to homes functioning as family units. The dissent argued the group home was not a stable family unit and extending the definition of ‘family’ was an overreach.
Facts
Group House, a non-profit, bought a house in Port Washington, NY, in an area zoned for one-family residences. The town’s zoning ordinance defined ‘family’ as related persons living as a single housekeeping unit, with limited boarders. Group House planned to use the house as a state-authorized group home for foster children. The Building Commissioner denied their building permit application, stating the group home was not a permitted use.
Procedural History
The Board of Zoning Appeals upheld the Building Commissioner’s denial. Group House then initiated an Article 78 proceeding to overturn the Board’s decision. The Supreme Court ruled in favor of Group House. The Appellate Division affirmed the judgment, but on different grounds, asserting a municipality could not use zoning to exclude a state-approved group home. The Court of Appeals affirmed, but on the narrow grounds that the group home was indistinguishable from a natural family.
Issue(s)
Whether the Town of North Hempstead may apply its zoning ordinance definition of ‘family’ to exclude a small group home for foster children that functions as a functional equivalent of a natural family?
Holding
Yes, because the group home in this case operated as the functional equivalent of a natural family and to exclude it would serve no valid public purpose.
Court’s Reasoning
The Court of Appeals focused on the factual similarities between the proposed group home and a traditional family. It noted that the group home would consist of two surrogate parents and seven children, creating a stable home environment. The children would be drawn from the local community, attend local schools, and not impose an additional burden on the community.
The court distinguished this situation from boarding houses or transient residences, emphasizing the intent to create a permanent family structure. It stated that excluding such a group home would not further the family and youth values that single-family zoning is intended to protect.
The court stated that while the power to zone is broad, it is not unlimited, and may not be used for arbitrary exclusionary efforts. Citing Village of Belle Terre v. Boraas, the court acknowledged the legitimacy of zoning for single-family residences. However, it emphasized that arbitrary restrictions under the guise of protecting family values are impermissible. The court reasoned that because the group home was the functional equivalent of a natural family, excluding it would serve no valid purpose. The court also warned that the holding was limited to homes functioning as family units, and might not apply to facilities for delinquents or the mentally disturbed.
Chief Judge Breitel dissented, arguing that the group home did not meet the standard for ‘family’ established in City of White Plains v. Ferraioli because it was not a stable, single-family unit. He also argued that the alternating houseparents and the transient nature of the children undermined the purpose of single-family zoning. The dissent emphasized the importance of analyzing subtle distinctions on a case-by-case basis to determine if a group home truly emulates a family.