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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prove the second requirement—a significantly adverse or
disproportionate impact on a protected group. We agree.
    An FHA plaintiff must present evidence of an adverse
and disproportionate impact. “[R]aising an inference of
discriminatory impact is insufficient.” Gamble, 104 F.3d at
306 (quoting Pfaff v. Dep’t of Hous. & Urb. Dev., 88 F.3d
739, 746 (9th Cir. 1996)). Were it otherwise, disparate-
impact claims could be used to “displace valid governmental
and private priorities.” Inclusive Communities, 576 U.S. at
544.
    Ohio House first argues that even if the challenged
zoning regulations benefit the disabled, they nonetheless
have an unlawful discriminatory effect because “[t]he City’s
separation requirement served to disqualify 22 of 26 group
home [conditional-use-permit] applicants.” Ohio House
further contends that it need not present statistical evidence
of disparity because the City’s regulations “defined the
affected classes” and the absence of any boardinghouses
within the City demonstrates that enforcement of the
separation requirement disproportionately impacts group
homes. Ohio House is wrong on both counts.
     A policy that benefits the disabled does not impose
artificial and arbitrary barriers on that group. Cf. S.W. Fair
Hous., 17 F.4th at 962 (requiring an adverse effect to satisfy
the second prong of prima facie discriminatory impact). And
even if it could, by not pointing to evidence showing that the
City’s zoning regulations disproportionately reduced
housing opportunities for disabled individuals, Ohio House
cannot prove that the disabled are suffering the type of
“significant, adverse, and disproportionate effect” that the
FHA prohibits. Id. The City’s denial of conditional-use
permits shows that applicants seeking to operate group
30         THE OHIO HOUSE, LLC V. CITY OF COSTA MESA

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