FLB Law Scores Approval for Variance Using Compelling ADA and FHA Argument

FLB Law successfully obtained a zoning variance from the New Canaan Zoning Board of Appeals (ZBA) to modify a family's home for their son with cerebral palsy. The variance allows for an elevator and backyard pavilions, ensuring accessibility.

Initially, the family faced setbacks when a local zoning attorney declined their case due to Connecticut’s strict hardship requirement to obtain a variance. FLB Law Partner Eric Bernheim and his team approached the challenge with creative problem-solving, leveraging the Americans with Disabilities Act (ADA) and Fair Housing Act (FHA), which mandate reasonable accommodations for individuals with disabilities. Rather than accepting traditional barriers, they identified a legal pathway that prioritized their client’s needs and worked closely with zoning staff to find a solution.

After discussions with zoning staff, the town attorney confirmed that the variance should be evaluated under a reasonable accommodation standard rather than traditional hardship criteria. The ZBA approved the variance by a 4-1 vote.

This case highlights the importance of innovative legal strategies in zoning challenges. Eric Bernheim and his team’s ability to think outside the box ensured the family could make their home accessible, demonstrating how federal protections can override local zoning obstacles and how FLB Law is committed to solving problems for its clients.