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Wednesday, August 06, 2008

Ind. Law - Greenwood homeowners assoc. bans sex offenders

From WISHTV8, August 8, some quotes from a lengthy story:

GREENWOOD, Ind. (The Daily Journal) - A group of Greenwood residents have a message for registered sex offenders: Stay out.

Pines of Greenwood, near Worthsville and Averitt Roads, is believed to be one of the first subdivisions in the state to prohibit registered sex offenders from moving in or living there, the homeowners association attorney said.

The homeowners association adopted the ban in hopes of protecting neighborhood children and preserving property values.

The 175-home subdivision on Greenwood's southwest side may be the first in Indiana to block sex offenders from living there, but communities in New Jersey and the Kansas City area have put similar policies in place.

A developer in Texas has marketed "sex offender-free neighborhoods."

After adding the ban to the subdivision's covenant, the association can evict any sex offender who buys a home in the subdivision or any current resident who's convicted of a felony sex crime in the future. By owning property in the subdivision, Pines homeowners agree to not allow sex offenders to live in their homes or to rent or sell their properties to sex offenders. * * *

ACLU of Indiana spokesman Ken Falk said the ban was legal and that his group had no plans to challenge it in court, unless someone claimed it violated their rights. Even then, the only challenge would be on technical grounds if the prohibition were adopted correctly, Falk said.

Federal housing law prohibits discrimination against people on the base of race, religion, creed, national origin or disability status. No federal protection is given for past criminal behavior.

Similar prohibitions elsewhere in the country, including one in New Jersey, have survived lawsuits, Tanner said.

Under the ban, any sex offenders who already are living in the subdivision will not be kicked out, but no new registered offenders will be allowed to live in homes in Pines.

Here is a link to a comprehensive June 16th story by Pamela A. MacLean in the National Law Journal headed "Challenges grow over sex offender laws: Welter of confusion over restrictions."

Posted by Marcia Oddi on August 6, 2008 01:07 PM
Posted to Indiana Law