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 FEHA similarly focuses on adverse action, providing that a facially
discriminatory policy is one “that explicitly conditions a housing
opportunity on a protected basis, requires or allows adverse action based
on a protected basis, or directs adverse action to be taken based on a
protected basis.” 2 C.C.R. § 12040(c) (emphases added). And, similar
to the Community House framework, a defendant can avoid liability for
a facially discriminatory policy by showing the policy “[o]bjectively
benefits a protected class” and “is the least restrictive means of achieving
the identified purpose.” Id. § 12042(f).
          THE OHIO HOUSE, LLC V. CITY OF COSTA MESA          65

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