Was Hinsdale Being Discriminatory?

ELMHURST, IL — One of Hinsdale's key arguments against the opening of sober living home in a residential neighborhood two years ago was that it was a commercial operation. However, a fair housing expert disagrees with such an assertion.

According to a federal lawsuit, the village dropped that claim after the U.S. Department of Justice notified officials that they were planning to sue over the effort to close the home at 111 N. Grant St. The department alleged Hinsdale violated the Fair Housing and Americans With Disabilities acts.

For the last couple of years, Elmhurst has been dealing with a similar situation of a sober home in a neighborhood of single-family homes. On Monday, the Elmhurst City Council brought in a fair housing expert to speak about sober home-related issues.

The expert, Denver lawyer Brian Connolly, told Elmhurst officials he often hears the argument about sober homes being commercial operations. But he said federal housing law makes no distinction whether people own or rent.

"I hear concerns that people who are running sober living homes are generating a profit," Connolly said. "Well, similarly, people who are renting homes generate profit too. But it's generally not the province of local government to regulate what a particular land use is earning in terms of a profit."

In Elmhurst, neighbors have urged the city to stick to its zoning rule limiting single-family homes to four unrelated people. But the group running the home, Carpenter's Tools Ministries, has contended four people in the home would be unable to cover the costs. The group is asking the city to allow seven.

In Hinsdale, zoning rules limit each home to three unrelated people.

In a 1½-hour presentation, Connolly, who spoke to Elmhurst aldermen through a video feed, said federal courts have required municipalities to grant "reasonable accommodations" to sober homes from limits on unrelated people. He said courts have determined that if a family of 10 is allowed to live in a home, it's reasonable to waive a limit on unrelated people in a sober home.

In Hinsdale, Village President Tom Cauley has said the village has fairly applied its rules. In 2019, Cauley told the Hinsdalean that the village's effort involved no fair housing violations, saying "if we had 10 nuns living there, we would have a problem under the zoning code."

Under federal housing laws, nuns are not a protected class, while people with disabilities, including those recovering from addictions, are.

Connolly said Hinsdale's situation is similar to Elmhurst's.

Cauley couldn't be reached for immediate comment.

Connolly works for the Otten Johnson law firm in Denver and said he has represented different parties in sober living matters — the homes themselves, local governments and neighborhood groups.

Elmhurst Mayor Scott Levin brought in Connolly to speak to the council a week before aldermen were expected to vote on the sober home. Levin, a lawyer himself, said he heard Connolly speak at a conference.

Connolly has co-authored a book on fair housing law.