Grimes

J.Tracy Grimes, Gabrielle and Frederick Hanna, Sally Lucas, and the Westside Center for Independent Living, appeal the judgment denying them relief from the licensing requirements of the California Community Care Facilities Act (the Act), Health and Safety Code section 1500 et seq. Appellants maintain that the Act discriminates against them on account of handicap in violation of the Fair Housing Act, codified as amended by the Fair Housing Amendments Act of 1988 (FHAA) at 42 United States Code section 3601 et seq., the Fair Employment and Housing Act and the California Constitution. Specifically, Grimes and the Hannas contend that the State Department of Social Services (the Department) abused its discretion in refusing their request for an exemption from the Act’s licensing requirements. We agree, and reverse the judgment.

Facts

Grimes is an adult woman who suffered a brain stem hemorrhage in 1988, leaving her partially paralyzed. She requires a wheelchair for mobility, and needs help in dressing, grooming, meal preparation, and other daily activities. She is mentally alert and understands and participates in conversation and various activities, although her speech,…