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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both state and federal housing laws. Thus, we conclude that
the City would have adopted this regulation even if it had
“foreseen” that subsection 13-200.62(f)(7) would be found
invalid. Matosantos, 267 P.3d at 608.
   For the foregoing reasons, we reject Ohio House’s facial
challenge to subsection 13-200.62(f)(7).
     b. Ohio House’s Reasonable-Accommodation
                      Application
    Ohio House argues the City erroneously relied on its
subsection § 13-200.62(f)(7) finding in denying Ohio
House’s requested accommodation. But that was not the
City’s sole ground for denying the accommodation, so we
evaluate Ohio House’s additional challenge to the City’s
assertion that it was not obligated to grant an exception to its
separation requirement because doing so would
fundamentally alter its zoning scheme.
    As indicated above, “[a] municipality commits
discrimination under the [FHA] if it refuses ‘to make
reasonable accommodations in rules, policies, practices, or
services, when such accommodations may be necessary to
afford [the disabled] equal opportunity to use and enjoy a
dwelling.’” Budnick, 518 F.3d at 1119 (quoting Gamble, 104
F.3d at 307); see 42 U.S.C. § 3604(f)(3)(B). Public agencies
have “an ‘affirmative duty’ . . . to reasonably accommodate
disabled individuals by modifying administrative rules and
policies,” including zoning ordinances. McGary v. City of
Portland, 386 F.3d 1259, 1264 (9th Cir. 2004). The scope of
this duty is “highly fact-specific, requiring case-by-case
determination.” United States v. Cal. Mobile Home Park
Mgmt. Co., 107 F.3d 1374, 1380 (9th Cir. 1997) (quoting
United States v. Cal. Mobile Home Park Mgmt. Co., 29 F.3d
1413, 1418 (9th Cir. 1994)). To prevail on a reasonable-
         THE OHIO HOUSE, LLC V. CITY OF COSTA MESA       55

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