COMMUNITY SERVICES, INC. v. HEIDELBERG TP.
439 F.Supp.2d 380 (2006)
United States District Court, M.D. Pennsylvania.
July 25, 2006.
83. The letter states that CSG's proposed use may "have been perfectly suited" for a DCU classification, but that CSG failed to seek an exception for that classification's numerical limitation and, in any event, CSG failed to "present specific evidence" of the proposed residents' disabilities. (Doc. 7 at 267.)
84. The letter states that CSG's proposed use "falls within or is similar to" a convalescent home, but that CSG "failed to present evidence or to persuade" the Zoning Board that requiring a special exception for this use was discriminatory. (Doc. 7 at 267.)
85. The letter states that CSG witnesses "refused to testify as to any of the facts underlying" the prospective residents' disabilities, and that "[t]hose who opposed [CSG's zoning] application could not even make independent inquiry because the identity of the [prospective] residents was not revealed." (Doc. 7 at 266.)
86. The letter avers that "[w]ithout knowing the specific disabilities [of the individuals], the Board has no way Of determining whether or not they can otherwise obtain housing on a par with that of those who are not disabled. . . . [and] cannot tell whether [other options] would have been suitable to the needs of [the prospective residents] because [CSG] did not present specific evidence of their disabilities or
the needs that arise as a result of those disabilities." (Doc. 7 at 266-67.)
87. The letter provides that "[i]t may well be that [CSG] find[s] HIPAA to be problematic . . . but [CSG] had the burden of presenting evidence and the Board is entitled to draw negative inferences from [CSG's] failure or inability to present specific evidence" of the disabilities. (Doc. 7 at 266.)
88. The April 25, 2006 letter concludes that the Zoning Board "has DENIED [CSG's] challenge to the determination of the zoning officer that the principal use of the proposed facility is not that of a single family dwelling, and the Board has DNIED [CSG's] request for a variance to permit the proposed use as a reasonable accommodation under the Fair Housing Act." (Doc. 7 at 268.)
89. On May 2, 2006 CSG sent correspondence to the solicitor for the Township Supervisors, setting forth the facts and circumstances surrounding CSG's proposed use of the Township Property, advising the Township Board of its obligations under the Americans with Disabilities Act ("ADA") and the FHA, that the Zoning Board interpreted the Township's Zoning ordinances in a discriminatory manner, that requiring. CSG to disclose the prospective residents' medical records before granting a variance likely violated the ADA, the FHA, and HIPAA, and again requesting that, as a reasonable accommodation, the Township Supervisors and/or Zoning Board interpret the ordinance governing "family" dwellings to include CSG's proposed use, and issue to CSG a use and occupancy certificate. (Doc. 7 at 283-86.)