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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dwellings housing the nondisabled. In this context, the
burden imposed is connected to a benefit. And on net,
operators and residents of group homes and sober-living
homes in R1 zones are facially advantaged over other group-
living facilities.
    There are other residential zones where group-living
facilities for both the disabled and nondisabled may operate.
Here, we look to boardinghouses as a relevant comparator to
determine if any benefit is conferred on the disabled. Cf.
Gamble, 104 F.3d at 306–07 (cautioning that a zoning bias
against group living should not be mistaken for a bias against
the disabled); Olson v. California, 104 F.4th 66, 77 (9th Cir.
2024) (“[C]omparator groups ‘need not be similar in all
respects, but they must be similar in those respects relevant
to the Defendants’ policy.’” (quoting Ariz. Dream Act Coal.
v. Brewer, 757 F.3d 1053, 1064 (9th Cir. 2014))). And again,
we conclude that the City’s regulations facially benefit group
homes and sober living homes, if not without conditions.
    To start, as a category, boardinghouses are limited to
dwellings that house no more than six residents. CMMC
§ 13-6. Group homes are not subject to this numerical
limitation. See CMMC § 13-323 (allowing permits to be
issued to group and sober-living homes with “seven (7) or
more occupants” in MFR zones). Therein lies a benefit for
group homes.
    Additionally, the City maintains that “boardinghouse” is
an inclusive category for all forms of group living.
Specifically, in relation to MFR zones, where both group
homes and boardinghouses may operate, the City contends
that a business offering housing to multiple nondisabled
individuals must meet the boardinghouse requirements,
while a business offering housing to multiple disabled
            THE OHIO HOUSE, LLC V. CITY OF COSTA MESA                     25

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