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In Kentucky, can a KRS code for a Supportive Community Living

 
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Customer Question

In Kentucky, can a KRS code for a Supportive Community Living (SCL) super cede the definition of a "GROUP HOME" for a deed restrictive residential neighborhood?

 

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State/Country relating to question: Kentucky

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We live in a deed restricted residential neighborhood, and we have a facility (operating out of a residence behind us) that is a SCL, recognized by the state government branch for the Cabinet of Health and Family Services. This facility houses three individuals, from different families, but has a mentally disabled patient, with a sexual aggression towards children, wander off of the property around our neighborhood. Records show this action through 911 police reports.

Submitted: 291 days and 10 hours ago.
Category: Real Estate Law
Value: $79
Status: CLOSED

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Expert:  socrateaser replied 291 days and 9 hours ago.

A "Supports for Community Living" (SCL) program is a federal Medicaid funded facility for the intellectually disabled. Such programs fall squarely within the scope of the Americans with Disabilities Act (ADA) amendments to the Fair Housing Act (FHA). No private restrictive covenant can preempt federal discrimination protections.

The SCL programs are expressly authorized by Kentucky law (KRS(NNN) NNN-NNNN, so it is clear that the state fully supports the use of federal funds to establish and maintain SCL community based living. If a resident is a danger to the community, independent of the SCL program, or the facility is unable to control the resident, then the recourse, other than to local law enforcement would be to complain to:

Division of Community Alternatives
MH/MR Community Services Branch
275 East Main Street
6W-B
Frankfort, KY 40621
Phone:(NNN) NNN-NNNNbr/>Email: CHFS DMS Webmaster

Ultimately, if local neighbors believe that this facility represents a public danger, and the regulatory agency (above) is unable to manage the situation, it may be necessary to bring legal action in court for an injunction to close the facility.

Hope this helps.

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Expert TypeLawyer
Category: Real Estate Law
Pos. Feedback: 98.4 %
Accepts: 5435
Answered: 7/14/2012

Experience: Attorney and Real Estate broker -- Retired (mostly)

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