Trinity Sober Living owned this house in Hinsdale to provide housing for men recovering from alcoholism and drug addiction. (Kimberly Fornek / Pioneer Press)

On June 16, 2019, Trinity purchased a five-bedroom home located in Hinsdale, IL. Trinity interviewed to operate the home as a sober living home for persons in recovery from alcoholism or drug addiction. In August 2019, Trinity made a request for a reasonable accommodation to waive the number of unrelated persons who could live together as a family in order to operate the sober home under the zoning restrictions in Hinsdale. Instead of granting the accommodation, Hinsdale responded by filing a lawsuit to evict Trinity the next day.

On November 24, 2020, the United States Department of Justice filed a companion lawsuit. The lawsuit alleges similar violations of the Fair Housing Act and seeks to enforce its provisions against the Village of Hinsdale. The lawsuit also seeks civil penalties.  You can read more about the companion lawsuit here, and well as the DOJ press release here.

Kennedy Hunt, P.C.’s attorneys are experienced in handling Fair Housing matters. Please contact us for a consultation if you believe you have experienced Fair Housing Act violations.

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The lawsuit alleges that the city of Springfield, Illinois unlawfully discriminated against Plaintiff, Individual Advocacy Group, who provides in-home services for our clients, a group of disabled adults. The city discriminated against those adults by imposing an ordinance preventing them from living 600 ft. within another group home and failing to grant an accommodation for a conditional use permit to allow them to stay in the home. By denying such a reasonable accommodation, the city’s actions constituted a violation of the Fair Housing Act and the Americans with Disabilities Act.

After oral argument on July 13, 2017, Judge Richard Mills issued a preliminary injunction preventing the city from enforcing the ordinance and evicting the individuals who live inside the home. If evicted, these individuals could face institutionalization. The city immediately appealed.

Judge Joel Flaum determined that our clients’ request for the accommodation was reasonable under the Fair Housing Act and the Americans with Disabilities Act. A failure to grant such an accommodation is a violation of those laws. This opinion affirms Judge Richard Mills’ decision, and found that the preliminary injunction is proper. This decision ensures our clients will not face the threat of eviction and institutionalization during pendency of the litigation. The opinion can be read here.

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