The Ohio House, LLC v. City of Costa Mesa, 135 F.4th 645 (2024)

Citation: The Ohio House, LLC v. City of Costa Mesa, 135 F.4th 645 (2024)
Parent Document: The Ohio House, LLC v. City of Costa Mesa, 135 F.4th 645 (2024)
Jurisdiction: United States (federal)
Effective Date: 2024-12-04
Original Source: https://www.courtlistener.com/opinion/10287865/the-ohio-house-llc-v-city-of-c... ↗

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Plaintiff-Appellant The Ohio House, LLC operates a
sober-living home located in Costa Mesa, California (City)
for individuals recovering from addiction. In this case, Ohio
House challenges the City’s zoning laws as discriminatory
against the disabled in violation of the Fair Housing Act
(FHA), codified as amended by the Fair Housing Act
Amendments of 1988 at 42 U.S.C. § 3601 et seq.;
California’s Fair Employment and Housing Act (FEHA);
and the California Planning and Zoning Law, California
Government Code § 65008.
    In recent years, the City has changed its regulations
governing the ability of group-living facilities to operate in
residential zones. Some such facilities are categorically
barred from operating in these zones, and others that provide
housing for individuals with a disability recognized under
federal or state law may operate if they meet certain
conditions, including a separation requirement from other
such facilities. Ohio House cannot operate its facility under
the City’s current zoning regulations because it cannot
satisfy the separation requirement, and the City denied Ohio
House a variance from this requirement, which Ohio House
had requested as an accommodation. Thus, Ohio House
brought this action to enjoin enforcement of the City’s
zoning requirements based on the above troika of fair-
housing laws, advancing multiple theories of disability
discrimination. The district court granted partial summary
judgment to the City, and a jury returned a verdict in favor
of the City on Ohio House’s remaining claims. After the
8         THE OHIO HOUSE, LLC V. CITY OF COSTA MESA

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