Land Use & Zoning
A NJ municipality's zoning ordinance that prohibits group homes for persons with disabilities in residential zones is likely:
APermitted under local control
BPreempted by the federal Fair Housing Act and the NJ LAD, which require municipalities to make reasonable accommodations for such uses✓ Correct
CRequired by state law
DOnly applicable to commercial zones
Explanation
The federal FHA and NJ LAD require municipalities to make reasonable accommodations for group homes for disabled persons in residential zones. Blanket prohibitions of such uses in residential zones have been found to violate fair housing law.
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