Uptown on the Hill Association

Housing the Chronically Mentally Ill in Denver

Mar 18, 1999

by Jennifer Moulton, Director of Planning, City and County of Denver

Ruth Goebel died of exposure in a Denver alley. Ruth was penniless and homeless like many chronically mentally ill persons.In recent years, Denver has faced a variety of controversial issues in providing housing for populations with special needs. Ruth Goebel's tragic story - and those of thousands like her -sheds light on recent develop-
ments in housing for the chronically mentally ill.

The chroncially metally ill were released from institutions by the thousands following the adoption by Congress of the Community Mental Health Centers Act during the administration of President John F. Kennedy in the early 1960s. The goal of that law was to permit the chronically mentally ill to be treated in facilities nearer to their homes and families in a more "normal" setting.

Denver, like cities across the nation, was not ready to confront the challenge of accommodating the mentally ill. Former patients gravitated toward large urban centers, where they found shelter in nursing homes, boarding houses or sidewalk ventilation grates. They faced discrimination and experienced deprivation of treatment, vocational and housing opportunities.

Legal Action Solidifies Commitment

A class-action lawsuit was filed in 1981 on behalf of Denver's chronically mentally ill population to secure an enhanced level of service from both the city and state governmerits. At the time, as many as 5,000 chronically mentally ill persons were estimated to live in Denver. The suit reached the Supreme Court twice in a legal battle that is only now being resolved. The Supreme Court determined that the Colorado Act for the Care and Treatment of the Mentally 111 created broad rights for the chronically mentally ill. These people, the court opined, were entitled to receive comprehensive care and treatment in their communities, including housing and housing-support services.

In 1988, Congress passed the Fair Housing Act Amendments. Prohibitions against discrimination in housing contained in the language of the original Act (passed in 1968) were extended to protect the handicapped, including the chronically mentally ill.

Given the amount of time, money and energy expended by all the parties to the Denver lawsuit - and in order to address the inadequate housing of the chronically mentally ill - a settlement agreement was reached. Housing units for 250 chronically mentally ill were to be developed by June 30, 1997. The settlement agreement, however, was not entirely implemented. Consequently, the case went before Denver District Court Judge Morris B. Hoffinan, who issued a decision in May of 1998.

Judge Morris' decision reaffirmed the previous settlement agreement, that Denver develop group homes for 66 persons, in homes no larger than six residents plus a resident manager. Also, congregate apartments for 78 persons in six facilities and independent living for 106 persons were ordered. These new group homes must meet the requirements of the Denver Residential Care Ordinance, and facility operators must obtain a residential care use permit from the Denver Zoning Office.

Public Input

In turn, the Zoning Office must notify registered neighhorhood organizations of any permit request, and neighborhoods may schedule a meeting to discuss issues associated with the introduction of a proposed group home. The Zoning Administrator may grant the permit, grant it with special conditions, or reject it entirely. All special-care permits are monitored by the Denver Zoning Office, and may be revoked for failure to perform in accordance with city ordinances.

Each group home must be estabished in a single-family detached dwelling, be located close to shopping and public transportation, and provide a separate, private bedroom for each of the six clients and the resident manager. Studies have demonstrated that facilities of this type, when responsibly managed and monitored, do not adversely affect property values.