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County Council to weigh group homes proposal
Tuesday, July 01, 2008

Allegheny County Council members are expected to introduce a proposal tonight that would require group homes to register with the county before they could accept residents.

Among other stipulations, group homes would have to seek written certification from municipal officials that the homes comply with local ordinances. Facilities that failed to do so would have to file plans of corrective action and make needed changes within 90 days.

Group homes that do not adhere to the proposal's requirements could face higher fees, fines or loss of county funding.

The ordinance, if adopted, would apply to any unlocked dwelling that houses three or more unrelated people and is designed to provide supervised living for abused or neglected youths, people recovering from addiction, people with developmental disabilities, behavioral or emotional problems or people with criminal records.

So far, sponsors on the 15-member council include council President Rich Fitzgerald, D-Squirrel Hill; Charles Martoni, D-Swissvale, the council's vice president; James Burn, D-Millvale; Bob Macey, D-West Mifflin; and Matt Drozd, R-Ross.

Dr. Martoni said he expected opposition, calling tonight's action "the first round of a 15-round fight." The proposal likely will be referred to a committee, where it could be the subject of a public hearing.

While advocates emphasize that people with behavioral or other problems have a right to live in the community, some neighborhood groups have complained that programs have opened without appropriate input from local officials and nearby residents.

A former Swissvale mayor, Dr. Martoni said he proposed the legislation in response to complaints that a company, Pyramid Healthcare, moved people into a supportive housing program in Swissvale without notifying borough officials.

Mr. Burn, chairman of council's public safety committee, said he plans to contact other municipalities about whether they have concerns about group living facilities, as well as government-subsidized housing or problems related to tenants or landlords.

County Council's solicitor, Jack Cambest, said the proposal, if approved, could force the county's Department of Human Services to re-evaluate how it does business with mental health and addiction contractors.

Mr. Cambest, whose law firm also represents a number of municipalities in the county, said many communities struggle with the question of group homes because some third-party mental health contractors don't take the proper steps in setting up shop.

Often, he said, the problem revolves around a contractor, who might secure housing with a property owner without verifying whether the property owner had the proper occupancy permits to set up a treatment facility.

But Mark Murphy, legal director for the Disability Rights Network of Pennsylvania, said parts of the proposal appear to violate federal fair housing laws.

He said "there's very little chance" that some of the provisions would stand up to a court challenge.

Mr. Murphy also questioned the proposal's plans for withholding county funds for non-compliance. He said local officials lack authority to withhold federal or state monies -- major funding sources to care for people with behavioral or developmental problems.

Swissvale officials have been engaged in an ongoing dispute with Pyramid regarding two supportive housing programs the company has opened in the borough since August.

Those officials maintain that group residences can only operate under conditional use in certain residential districts and must meet other guidelines.

Pyramid officials have argued that its facilities do not qualify as group homes, contending in part that they are not rehabilitation facilities and do not administer medications.

The Swissvale Zoning Hearing Board ruled May 15 that Pyramid's programs should be regulated as group homes, but representatives from Pyramid have said they would appeal the ruling to Common Pleas Court.

Karamagi Rujumba can be reached at krujumba@post-gazette.com or 412-263-1719. Deborah M. Todd can be reached at dtodd@post-gazette.com or 412-263-1652. Joe Fahy can be reached at jfahy@post-gazette.com or 412-263-1722.
First published on July 1, 2008 at 12:00 am
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