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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to six residents per unit as a condition of receiving a
conditional-use permit. The Planning Commission upheld
the denial of Ohio House’s permit application.
    Ohio House then appealed to the City Council,
reiterating its willingness to reduce occupancy to six
residents per unit. In August 2019, the City Council also
upheld the denial of a conditional-use permit and ordered the
Wilson Property to cease operations by September 8, 2019.
The City also imposed numerous fines against the Wilson
Property, totaling approximately $29,000.
                D. Ohio House’s Lawsuit
    Ohio House sued the City for unlawful discrimination
against residents at the Wilson Property in violation of the
FHA, the FEHA, and California Government Code § 65008.
Specifically, Ohio House argued that provisions of the City’s
zoning code enacted under Ordinances 15-11, 15-13, 17-05,
and 17-06: (1) discriminated against the disabled (disparate-
treatment claim), (2) disparately impacted the disabled
(disparate-impact claim), (3) stated a discriminatory
preference disfavoring the disabled (discriminatory-
statements claim), (4) interfered with Ohio House’s
operations because it aids and encourages the disabled in
exercising their fair-housing rights (interference claim),
(5) improperly disallowed reasonable accommodation for
the disabled (reasonable-accommodation claim), and
(6) violated California Government Code § 65008.
   After discovery, the parties cross moved for summary
judgment. The district court granted the City’s motion on
Ohio House’s disparate-impact claims but otherwise denied
both motions. The remaining claims were then tried to a jury.
Before the case was submitted to the jury, the parties each
moved for judgment as a matter of law under Federal Rule
          THE OHIO HOUSE, LLC V. CITY OF COSTA MESA        15

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