GROUP HOMES – What you can and cannot do…

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THE FEDERAL LAW THAT PROTECTS GROUP HOMES IN SUN CITY WEST

🇺🇸 The Fair Housing Act (FHA), as amended by Congress in 1988

This is the controlling federal law that protects the placement of group homes — including 10‑bed rehab, recovery, or disability homes — inside single‑family residential neighborhoods like Sun City West.

 

Why THIS is the law that allows group homes in SCW

Congress amended the Fair Housing Act in 1988 to add “handicap” (disability) protections.

This amendment explicitly covers group homes and requires local governments to treat them as residential uses, not businesses.

What the FHA requires

Under the FHA, local governments must allow:

  • Group homes for persons with disabilities
  • In single‑family residential zones
  • With up to 10 residents (sometimes more, depending on state law)
  • Even if residents are unrelated adults
  • Even if the home provides rehab, recovery, or supportive services

Why Sun City West cannot block them

Because Sun City West is unincorporated, zoning is controlled by Maricopa County, but federal law overrides:

  • HOA rules
  • CC&Rs
  • “Single‑family only” restrictions
  • Local objections
  • Distance or spacing rules (unless disability‑neutral)

If a group home serves disabled individuals (including people in recovery), the FHA preempts local restrictions.

FIRST: Who NOT to call

  • PORA – they have no zoning authority
  • Sheriff (MCSO) – unless there is a crime or immediate danger
  • The HOA – Sun City West has no HOA with enforcement power
  • The County Supervisor – they cannot block a federally protected home

These calls waste time and create frustration.

✅ WHO TO CALL IF YOU WANT TO FIGHT OR INVESTIGATE A GROUP HOME

  1. Maricopa County Planning & Development (Zoning Enforcement)

This is the #1 place to start.

They can investigate:

  • Too many residents
  • Illegal business activity
  • Parking violations
  • Unapproved construction
  • Fire code issues
  • Homes that are NOT actually serving disabled residents

If the home is pretending to be a disability home to avoid zoning rules, the county can shut it down.

  1. Arizona Department of Health Services (ADHS) – Licensing Division

Call them if the home:

  • Provides medical care
  • Provides behavioral health services
  • Provides rehab or detox
  • Has staff administering medication

If the home is operating without the required license, ADHS can issue:

  • Fines
  • Emergency closure
  • Revocation of license

This is one of the most effective enforcement routes.

  1. Arizona Department of Housing – Sober Living Home Certification

If the home is a sober living home, it must be state certified.

You can report:

  • Overcrowding
  • Unsafe conditions
  • No supervision
  • Drug use on site
  • Uncertified operation

The state can shut down uncertified sober homes.

  1. Maricopa County Sheriff’s Office (MCSO)

Call only for:

  • Noise
  • Disturbances
  • Trespassing
  • Drug activity
  • Welfare checks

MCSO cannot remove the home, but they can address behavior.

  1. Arizona Attorney General – Civil Rights Division

This is the nuclear option.

You contact them only if:

  • The home is NOT serving disabled residents
  • The operator is abusing FHA protections
  • The home is a scam or sham business
  • The operator is violating state or federal law

The AG can investigate fraud, misrepresentation, and illegal business practice

What you can fight vs. what you cannot

❌ You CANNOT fight:

  • “I don’t want it next door”
  • “It’s a business”
  • “It’s too many unrelated adults”
  • “It will lower property values”
  • “It’s a rehab home”
  • “It’s a disability home”

Federal law protects all of these.

✔ You CAN fight:

  • Unlicensed medical or behavioral health care
  • More than 10 residents
  • No disabled residents (fake group home)
  • Unsafe conditions
  • Parking violations
  • Noise or nuisance
  • Drug activity
  • Fire code violations
  • Uncertified sober living homes

These are legitimate enforcement issues.

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Copy and Paste into a word document: Sample letter to Maricopa County Planning and Development

[Your Name]

[Your Address]

Sun City West, AZ [ZIP]

[Your Phone Number]

[Your Email Address]

 

[Date]

 

Maricopa County Planning & Development

Code Compliance Division

301 W Jefferson St

Phoenix, AZ 85003

 

Subject: Request for Investigation – Possible Unlicensed or Non‑Compliant Group Home

Property Address: [Insert Address of the Home]

To Whom It May Concern:

I am writing to request an official investigation into a property located at [address], which appears to be operating as a group home or residential care facility within Sun City West. I understand that group homes serving persons with disabilities are protected under federal law, and I fully respect those protections. My concern is not with the presence of disabled residents, but with potential violations of county zoning, safety, licensing, or occupancy requirements.

Based on ongoing observations, the following issues may warrant review:

  • The home may be housing more than the allowable number of residents for a single‑family dwelling.
  • There may be unlicensed medical, behavioral health, or rehabilitation services being provided on site.
  • There is frequent staff or shift‑change traffic that may indicate a commercial operation requiring county review.
  • There may be safety concerns such as overcrowding, inadequate parking, or unpermitted interior modifications.
  • The home may not meet state requirements for sober living certification or DHS licensing, if applicable.

 

I am requesting that Maricopa County Planning & Development determine whether this property is:

 

  1. Operating within the limits of county zoning for a single‑family residential neighborhood;
  2. In compliance with all required state licensing or certification standards;
  3. Maintaining appropriate occupancy, safety, and parking conditions; and
  4. Operating legally under both county and state regulations.

 

I am willing to provide additional information if needed and can be reached at the contact information above. I appreciate your attention to this matter and your efforts to ensure that all residential care facilities in Sun City West operate safely, legally, and in compliance with applicable regulations.

 

Sincerely,

[Your Name]