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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The regulation comprehensively covers the right to seek, and
the requirements for obtaining, a reasonable accommodation
from the City’s zoning rules to ensure disabled persons
realize their right to equal access to housing.
    Taken as a whole, the City’s reasonable-accommodation
regulation is not inconsistent with the FHA. Indeed, Ohio
House challenges only one specific subsection that requires
the City to consider “[w]hether the existing supply of
facilities of a similar nature and operation in the community
is sufficient to provide individuals with a disability an equal
opportunity to live in a residential setting.” CMMC § 13-
200.62(f)(7). Ohio House argues that this subsection facially
violates the FHA because that Act “protects the right of
individuals to live in the residence of their choice in the
community, not in a location the City might choose.”
According to Ohio House, “the availability of another

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