Does Elmhurst's Housing Expert Come With A Bias?

ELMHURST, IL — As promised, Elmhurst is bringing in an expert on the Fair Housing Act to a special City Council meeting Monday.

The expert, Denver-based attorney Brian Connolly, is expected to take the council's questions. Connolly's presentation comes a week before the council is set to vote on a zoning exception for a sober living home at 348 N. Larch Ave., which neighbors oppose.

The home is seeking a permit to house up to seven men, up from the city's current zoning for the neighborhood, which allows up to four unrelated people in a house.

On Thursday, the city released information about Connolly's career. As an attorney for Denver's Otten Johnson law firm, he has represented the owners and operators of housing for people with disabilities, which he noted receive special protections under the federal Fair Housing Act.

Working for those clients, he has obtained zoning approvals, defended appeals and challenged denials by local governments.

This history may be a sign that Connolly's answers Monday will be sympathetic to the local sober living home, which is run by Carpenter's Tools Ministries.

But a 2018 Denver Post story indicates his views may be more nuanced. He told the newspaper that city officials must ensure any restrictions for sober living homes also apply to single-family homes. Doing so, he said, avoids violating housing laws.

Connolly gave an example: If a city restricts the number of people in a sober home, that rule must also apply to families living in the neighborhood.

As Larch Avenue residents note, they only want the city to apply the limit on four unrelated people per house to the sober home. They have emphasized they are not opposed to a sober home with four people.

The issue may end up hinging on the word "unrelated" — whether the city can impose the limit on a sober home that would naturally have unrelated people.

Connolly couldn't be reached for immediate comment.

Earlier this week, a couple of residents emailed aldermen with suggested questions for Connolly.

In an email, resident Jamie Leipert said the city must grant an exception to zoning rules for a wheelchair access ramp, even if such a structure extends beyond what is normally allowed. This is a "reasonable accommodation" that is required to be made under federal law, she said.

"Now what if that same (person) requested to have seven unrelated residents living in the home when the zoning code only allows for four?" Leipert wrote. "They request this accommodation for the sole purpose of making rent more affordable. Elmhurst should deny that request because that accommodation does not relate to the disability and therefore is not covered by the Fair Housing Act."

On Monday, the City Council delayed a vote on the sober living home's request. Mayor Scott Levin said aldermen wanted to hear from the housing law expert, so they could make an informed decision.

Late last year, the U.S. Department of Justice sued Hinsdale over its effort to close a sober living home in a neighborhood zoned for single-family housing. Elmhurst officials say they have been monitoring that litigation.