A Representative Listing of Our Clients and Projects:
What Our Clients Clients Say About Our Work
Planning and Law
Law
Expert Witness
Research
Community Residences, Zoning, and Fair Housing
| A Representative Listing of Our Clients and Projects: |
Evan C. Crist, Psy.D., Licensed Psychologist and Founder of Time to Change Community Corrections Program:
| “Daniel Lauber was simply outstanding in assisting Clark County, Nevada in drafting a revised community residence ordinance. We relied heavily on Daniel’s expertise of federal fair housing law and on his experience in tactfully addressing questions and concerns of elected officials and stakeholders. His work was first rate and he was a pleasure to work with.” — Rob Warhola, Deputy District Attorney, Clark County, Nevada |
“If you've ever tried to zone a halfway house (for any special population), you know that an act of Congress won't get it done. It takes an act of God. Mr. Lauber was invaluable to my zoning efforts to obtain a special use permit to operate a community corrections facility for convicted felons in Colorado. Since he remained in Chicago and all the communication was done via phone and email, the details of communication became even more important. I had a failed attempt (at another location) approximately 2 years earlier and was nervous that all my work on this project would end the same way. I contacted Mr. Lauber after reading about his expertise with halfway houses. He partnered with me in the exact manner that I needed.
“Based on feedback I received from my previous attempt, I knew that I had to actually do the zoning hearing presentation, not an attorney (I really think this varies based on local politics). Mr. Lauber worked with me to gather all the necessary research, conduct a neighborhood informational meeting, and plan and develop my presentation to the zoning board. Perhaps most importantly, he was an excellent cheerleader. When the going got tough, he was upbeat (but realistic) and eager to support my efforts and challenge me to get the next step done rather than get lost in anxiety. His knowledge of zoning law in general and his willingness to get up to speed on my local zoning laws was exceptional. He communicated directly with the planning department when I asked him to and gave me advice on how to handle it when I wanted to deal with it personally. In other words, he let me drive the train. He was there to offer support and expertise as I needed. Thankfully, I listened to him. The process of informing everyone under the sun prior to the hearing was important. The zoning hearing was ugly but our presentation was impressive and really did not give the zoning board any option other than to vote in the affirmative. The zoning hearing lasted from 5 p.m. until 10:30 p.m. The first person I called after the hearing was my wife. The second person was Daniel Lauber. With the combination of experience, knowledge and trustworthiness, you would be making a mistake to go with anyone else.”
CEO, LifeCare Homes, Milwaukee, Wisconsin:
“Daniel Lauber assisted two of my companies with zoning issues pertaining to three different CBRFs or group homes for the elderly/disabled. He attended council meetings, talked with city attorneys, met with city planners as well as the mayors. He also, assisted us with meetings with the neighbors. He is respected by the city attorneys and they listen to him closely. His credentials seem to put fear into city planners / attorneys, and he does get results. I would recommend him for any legal needs for I know he always does his research and is always well prepared for meetings/court. He will never let you down.”
Houston, Texas (2015) — Conducted three key elements of the city’s analysis of impediments:
(1) Free Market Analysis™ to identify the extent of racial and Latino diversity in each super neighborhood and each of the city’s census tracts
(2) Evaluation of the city’s land–use controls to identify possible exclusionary provisions
(3) Evaluation of the city’s treatment of community residences for people with disabilities.
This work included identifying impediments to fair housing choice and recommendations to mitigate those impediments.
District of Columbia (2012) — Conducted the District of Columbia Analysis of Impediments to Fair Housing Choice 2006–2011, a 195–page study of housing, land use, transportation, employment, demographics, real estate practices, mortgage lending, and other factors that influence fair choice housing in nation’s capital. The government of the District of Columbia has been doing more to affirmatively further fair housing than any jurisdiction we have heard of (sure hope my high school English teachers will forgive me for ending a sentence with “of.”). The challenge the District faces is that its demographics require it to do much more. This new AI goes where no AI has gone before to incorporate affirmatively furthering fair housing into the city’s routine planning and zoning practices and to bring stable racial and economic integration to gentrifying neighborhoods.
Billings, Montana (2013) — Conducted the Billings, Montana Analysis of Impediments to Fair Housing Choice 2012, a 140–page study of housing, land use, transportation, employment, demographics, real estate practices, mortgage lending, and other factors that influence fair choice housing in Montana’s largest city. Known for favoring diversity over separation and isolation, the City of Billings is in a rare position where it can prevent excessive levels of racial and economic concentrations from expanding and intensifying. This AI offers guidance for collaborating with the public schools and housing authority to achieve greater socio–economic diversity throughout the city.
Lakewood, Ohio (2011) — Conducted the Lakewood, Ohio Analysis of Impediments to Fair Housing Choice 2011, a 94–page study of housing, land use, transportation, employment, demographics, real estate practices, mortgage lending, and other factors that influence fair choice housing in this first suburb on the Lake Erie shore immediately west of Cleveland, OH. The study found that Lakewood faces a situation dramatically different than that of the other jurisdictions for which we have conducted an analysis of impediments. Lakewood is in the early stages of racial integration in a region known for its extreme racial segregation. Lakewood is exceptionally well situated to achieve stable, racial integration rather than resegregating like so many Cleveland–area communities have done. The analysis of impediments explains in some detail the two–pronged approach Lakewood can take to become a stable, racially–diverse community.
Clark County, NV (2011) — Researched and produced Clark County, Nevada Analysis of Impediments to Fair Housing Choice 2011 for unincorporated Clark County, North Las Vegas, Boulder City, and Mesquite, Nevada. This 140–page study of housing, land use, transportation, employment, demographic economic, real estate practices, mortgage lending, and other factors that influence fair choice housing was published April 2011.
 | Murfreesboro, TN (2010) — Researched and produced Murfreesboro, Tennessee Analysis of Impediments to Fair Housing Choice, a 92–page study of housing, land use, transportation, employment, demographic economic, real estate practices, mortgage lending, and other factors that influence fair choice housing in this major Tennessee city that is home to Middle Tennessee State University. |
 | Naperville, Illinois (2008–2009) — Researched and produced 79–page Naperville Housing Needs and Market Analysis 2009. In addition to unearthing demographic and housing market data, research included a random sample survey of residents (65.7% response rate) and one of employees (45% response rate) to identify housing preferences, location of work and home, income, current housing, future housing intentions, commuting issues, and more |
 | Naperville, Illinois (2007) — Researched and produced Analysis of Impediments to Fair Housing Choice in the City of Naperville, Illinois, 2007, a 79–page study of housing, land use, transportation, employment, demographic economic, real estate practices, mortgage lending, and other factors that influence fair choice housing in this major Illinois city. Received 2009 Best Practices Award from the Illinois Chapter of the American Planning Association. |
Hillsborough County, Florida (2008) — Researched and produced paper on the use of accessory apartments as a tool to produce affordable housing; conducted research on the use of housing density bonuses and inclusionary zoning
Park Forest, IL — Housing programs and policy
Highland Park, IL — Prepared new subdivision ordinance
Montgomery County (MD) Condominium Conversion Task Force — Conducted presentation on preserving affordable rental housing and provided consulting advice
Philadelphia, Pennsylvania — Planning Department — Consulted on preserving affordable housing; conducted educational sessions for city officials on zoning for group homes. Plenary and Session Speaker, Community Living Arrangements Conference
Oak Park, Illinois — Designed and published award–winning Comprehensive Plan 1979. Received 1983 Award of Merit from the Illinois Chapter of the American Planning Association. Designed and prepared 1991 revision.
American City Corporation — Conducted workshop on group housing for four city officials from Baltimore, Philadelphia, Cincinnati, and Columbus — Robert Woods Johnson program
Impacts of Landfills — Conducted research for an application for landfill in Texas
Illinois Department of Mental Health and Developmental Disabilities, Division of Developmental Disabilities — Provided technical assistance to service providers and municipal and county officials on zoning for group homes, wrote model zoning provisions for local governments, conducted workshops on group home zoning for local officials
American Invsco (Chicago) — Prepared national analysis and summary of local and state laws regulating conversion of rental housing to condominium for property acquisitions division
American Association of Retired Persons/National Retired Teachers Association — Conducted workshops on fighting inflation in housing at NRTA–AARP National Issue Forums, Milwaukee, Wisconsin and Portland, Oregon, 1981
Metropolitan Planning Council (Chicago) — Conducted research and presentation on use of low–equity cooperatives in District of Columbia and Montgomery County (Maryland)
Lincolnshire, Illinois — Drafted community opinion survey on planning and growth issues
Legal and Planning Consultant to Clark County, Nevada (2006–2008) — Provided legal assistance to Clark County in defense and settlement of zoning lawsuit filed in federal court, Nevada Fair Housing Center, Inc. v. Clark County
Time to Change, Inc. (2006–2007)— Provided legal and planning assistance to operator to win special use permit to establish a 120–bed community correctional facility in an industrial park in Commerce City, Colorado
Recovery Resource Center (2003–2005): Completely rewrote corporate by–laws and represented the center in zoning matters in west suburban Cook County, Illinois
Oxford, Ohio (1989) — Co–conducted with Brian Blaesser a critical analysis of city's zoning ordinance; rewrote portions of zoning ordinance
Midwest Bank Corporation of Delaware — Represented bank before Hinsdale Plan Commission. Won zoning approval for a drive–in bank facility adjacent to residential neighborhood
Brenner Development Group — Represented residential and commercial developer to receive zoning permits from Hinsdale, Illinois, to build townhouse development
Golden Age Retirement Home — Served as attorney and consultant for zoning text and map amendments, special use permit
Maywood, Illinois, Plan Commission — Retained by village to interpret zoning ordinance provisions related to appeal of zoning administrators' decision
Deer Valley Homeowners Association — Represented neighborhood association in zoning case in Will County, Illinois
Click here for expert witnessing in group home and fair housing hearings and cases.
Forbes magazine, Chicago bureau — Conducted research on real estate and banking practices
Levy and Erens, law firm — Prepared report on laws that restricted use of property
Daniel Edelman, Inc. (Chicago), public relations — Prepared municipal political analyses
Citizens Schools Committee — Prepared successful application for foundation funding
Amicus Brief, City of Edmonds v. Washington State Building Code Council, 514 U.S. 725 (1995): Principle author of the American Planning Association's Amicus Curiae Brief on behalf of respondents. Decided May 15, 1995 for the respondents. Several observers of the case believe that this brief is one of several that had a significant influence on the outcome.
Prescott, Arizona — Conducted study that formed the basis for zoning amendments we wrote for community residences for people with disabilities (2014–2015) that resulted in the U.S. Department of Housing and Urban Development terminating its investigation charges of housing discrimination filed against the city. These may be the most thorough provisions written to comply with the Fair Housing Act.
Dublin, Ohio — Conducted study that formed the basis for zoning amendments we wrote for community residences for people with disabilities (2014)
Findlay, Ohio — Conducted study that formed the basis for zoning amendments we wrote for community residences for people with disabilities (2015)
Clark County, Nevada — Conducted study and wrote amendments to zoning code for community residences for people with disabilities (2005–2006)
City of East Peoria, Illinois (1993) — Legal consultant; wrote comprehensive zoning ordinance amendments to regulate group homes, halfway houses, shelters, and other community residences in accord with the 1988 amendments to the federal Fair Housing Act
 | Governor's Planning Council on Developmental Disabilities — Conducted and published scientific study of impacts of group homes on property values, neighborhood stability, and safety in the surrounding neighborhoods. Using sound, scientific methods, this study found that community residences had no statistically significant effect on property values, property turnover, nor neighborhood safety. Includes an annotated bibliography of similar studies from around the country. Sept. 1986. |
West Meadowview Civic Association v. Kankakee County Training Center for the Disabled, Case No. 91–CH–80, 221st Judicial Circuit, Kankakee County, IL (1991). Served as co–counsel for defendant group home operator in challenge to group home based on restrictive covenant. Convinced plaintiff's attorney to drop the lawsuit
Illinois Department of Mental Health and Developmental Disabilities, Division of Developmental Disabilities, Region Two (9–county Chicago region) (1980–1981) — Managed year–long project on zoning for family and group care homes for the developmentally disabled, consisting of technical assistance, expert testimony, ordinance analysis and preparation, workshops, public education and public relations, site selection, analysis of state legislation
Philadelphia Department of Mental Health and Mental Retardation — Advised planning, law, building inspection, and zoning officials on zoning for group homes.
City of Altoona, Pennsylvania (1994–1995) — Legal consultant to draft comprehensive zoning ordinance amendments to regulate group homes, halfway houses, shelters, and other community residences in accord with the 1988 amendments to the federal Fair Housing Act.
Park District of Alsip (1990–91): Co–counsel in successful court defense against claim of violation of Fair Housing Act by group home operator. Alsip Park District v. D&M Partnership, Case No. 89 L 51342, Circuit Court of Cook County, IL. August 2, 1991
Berde et al v. Albero — Consultant to attorneys for intervenors, Protection and Advocacy, Inc., Oakland, California — seeking to prevent use of restrictive covenant to exclude group home
North Shore Association for the Retarded (name has since been changed to Shore Community Services, Inc.) — Devised and coordinated successful efforts to win zoning approval for group homes for developmentally disabled adults in Evanston, IL; expert witness on effects of group homes (1982)
Lake County, IL Dept. of Planning, Zoning, and Environmental Quality — Consultant to the defense in unsuccessful court challenge to location of halfway house for prison pre–parolees.
Kings Treatment Center (2008–2009) — Provided legal representation on zoning matters for group home proposals in Winfield, Kansas
Habilitative Systems (2009) — Provided legal representation on zoning matters for group home in Chicago
Hope House (2008–2009) — Provided legal representation on zoning and building code matters in Hillside, Illinois
Sequoia Recovery Services (2007–2009) — Provided planning and zoning law advice for recovery communities in Pontiac, MI
Open Door Rehabilitation Center (2004–2005) — Wrote zoning text amendments to provide as of right for community residences for people with disabilities in Sandwich, Illinois. Served as expert witness for these text amendments as well as area variances and special use permit for group homes for people with developmental disabilities. Prepared request to Illinois Department of Mental Health and Developmental Disabilities for waiver of license–imposed spacing distance
King's Alcohol/Drug Treatment Center (2005): Secured correct interpretation by county officials of zoning and housing code provisions for two recovery communities for young adults in Sedgwick County, KS
Independent Lifestyles (1996+): Represented this operator of group homes for the frail elderly and other people with severe physical disabilities on zoning and hazards reports issues before the City of Wauwatosa, WI (1996) and other Milwaukee–area cities including Franklin, WI (2006)
Unity House (2003–2005) — Represented recovery home for men addicted to alcohol or illegal drugs in zoning matters.
Elgin Villa (2003–2007) — Representing recovery homes for men addicted to alcohol or illegal drugs in zoning and housing code matters
Poplar Place (2004) — Secured corrected interpretation of zoning requirements to allow a group home for the frail elderly in a Milwaukee suburb
Kevin Spilsbury (2004) — Represented neighbors responding to zoning proposal for mini–institution with 56 recovering addicts and alcoholics in two adjacent houses in a fenced compound in Clark County, NV
Chabad of California (1999–2001): Provided legal guidance in a variety of zoning and building code matters in Los Angeles, CA, regarding residential rabbinical schools and colleges, drug treatment centers, and recovery communities.
Yellow Brick Road Recovery Community (2001+): Represented operator in response to $1,000 ticket from Village of Maywood, IL, for violation of the zoning code. Violation was nonsuited.
Dungarvin of Wisconsin (2001–2002): Ended efforts by LaCrosse, WI, to prohibit Dungarvin group home for adults with developmental disabilities from locating in a residential district — without having to file a lawsuit
Dungarvin of Illinois (1998–1999): Represented group home for adults with developmental disabilities in its efforts to locate in residential district in Cordova, IL (population: 600). Drafted revisions to the village's zoning code which the village board adopted with some changes that made the client's group home a permitted use.
Senior Residential Care of America (1997–1999): Represented this community–based residential facility for 20 frail elderly before the Village of River Hills, WI, in application for special use permit
City of Trotwood, Ohio (1997): Expert consultant in federal court case; wrote zoning ordinance amendments for community residences as part of proposed case settlement
City of Springfield, IL (1997): Expert witness and consultant in federal court case
Villa Family Live–In Centers, LLC (1996): Represented this operator of group homes for the frail elderly before the City of Oak Creek, Wisconsin for a special use permit
Lighthouse Academy and Residential Center (1995): Represented operator of proposed boarding school for abused, neglected, and abandoned teenagers placed by the Illinois Department of Children and Family Services seeking to locate in the City of Joliet, Illinois;
Lifecare Homes (1996–97): Represented this operator of group homes for the frail elderly before the City of West Allis, Wisconsin, for an exception to the state's 2,500–foot spacing distance
Jack Clark's Family Recovering Communities (1995–1996): Represented this halfway house for individuals recovering from drug and alcohol addictions for a special use permit from the Village of Maywood, Illinois
Villa Family Live–In Centers LLC (1996) — Represented operator of group homes for senior citizens with disabilities before local plan commissions and zoning boards in Wisconsin
Shelter, Inc. (1992–1993)— Consultant on site acquisition for shelters for abused children
Illinois Planning Council on Developmental Disabilities (1990–1991): Project to implement Illinois' Community Residence Location Planning Act which required all 110 home rule municipalities to prepare plans showing how they intend to amend their zoning ordinances for group homes to bring them into compliance with 1988 amendments to the federal Fair Housing Act. Conducted seven workshops for municipal officials; provided technical assistance to city attorneys and planners; wrote zoning amendments for 11 cities; appeared as expert witness before local plan commissions; wrote guidebook and legal analysis; wrote model zoning ordinance provisions; wrote report for Illinois General Assembly including recommendations for state legislative action; prepared press releases; evaluated 99 ordinances for compliance with the Fair Housing Act's 1988 amendments. This project won the 1991 award from the Illinois Chapter of the American Planning Association for a "Planning Program of Unusually High Merit Performed Under Serious Budgetary, Manpower, or Political Constraints."
Dungarvin, Inc. (1993) — Represented Dungarvin before Lakewood, Colorado, zoning board to obtain special use permit for group home for residents with developmental disabilities.
Proviso Family Services — Served as attorney and expert witness in public hearing for special use permit for group home for six women with mental illness. After winning approval of Maywood, Illinois, Plan Commission, the Village Board amended the zoning ordinance to make such group homes a permitted use.
Foundation for Chemical Dependency Programs (1990): Represented operator seeking zoning map amendment and special use permit to open halfway house for teen–agers in recovery from drug and alcohol addiction in unincorporated Will County, Illinois. Also handled press relations. Zoning issued by 25–1 vote of County Board despite neighbor filing petition requiring a 3/4 vote for approval. Also handled licensing issues
Dungarvin, Inc. (1991) — Served as attorney to successfully persuade Town of Schererville, Indiana, to withdraw zoning and code objections to proposed group home.
Martin Luther Homes — Served as attorney for special use permit hearing for group home for persons with mental illness.
United States v. City of Chicago Heights, 161 F. Supp. 2nd 819 (N.D. Ill. 2001 — Expert witness for the U.S. Department of Justice on zoning and planning law issues. Deposed in 2000. Identified legal issues that led to district court's summary judgment decision in favor of the United States.
Tracey P., et al v. Sarasota County, C.A. No. 8:05–CV–927–JDW–EAJ, U.S. District Court, Middle District of Florida — Expert witness for Sarasota County in federal lawsuit; deposed Dec. 20, 2006; case settled Dec. 2007.
Rimrock Foundation v. City of Billings, et al, Cause Number CV 06–162–BLG–CSO— Expert witness for Billings, Montana in federal lawsuit. Produced expert witness report that helped lead to settlement of the case (2008).
T.W. and Southern Living Centers v. City of Belleville, IL (1997) — Testified as expert witness on zoning and group home impacts in federal court case in Belleville, IL. Case No. 97–790–WDS (U.S. District Court, Southern District)
City of Mattoon v. Heritage Enterprises of Charleston, Inc., The Graywood Foundation, Inc., and Mile Stones Midwest, Inc. (1997–1998): Deposed as expert witness on group home exclusion case in state court in Mattoon, IL (Coles County Circuit Court Cause No. 97–MR–36)
Ancheta v. Westborough Homeowners Improvement Association (1997): Expert witness in California state court case involving application of restrictive covenants to group home.
Staley, Staley and Huggins v. LB Properties (1992) — Testified as expert witness in successful defense of neighbor effort to overturn ruling by East Peoria Zoning Administrator that group home (RFMS) was a permitted use. Illinois Circuit Court, Case No. 91–CH–64 (May 19, 1992).
USA v. City of Chicago Heights and RFMS, Inc. v. City of Chicago Heights, Civil Action No. 89 C 4981, U.S. District Court, N.D. of Illinois. Settled in favor of RFMS, 1990. Served as expert witness to Rosenthal and Schanfield law firm handling Fair Housing Act lawsuit against Chicago Heights for denying special use permit for group home. Resulted in settlement issuing special use permit for group home and $45,000+ in fines and costs.
Center for New Horizons — Served as expert witness before Chicago Plan Commission seeking special use permit to establish a group home for displaced abused boys from the neighborhood; prepared argument portion of brief appealing denial of special use permit. Scheduled to appear as expert witness in court case which was eventually dropped.
Cook County Legal Assistance (Chicago) — Expert witness in successful zoning lawsuit to overturn denial of special use permit for day care center.
Expert witness on proper zoning treatment and impacts of group homes or halfway houses on property values:
