City of Edmonds v. Washington State Building Code Council

Group homes of more than five unrelated recovering alcoholics and drug addicts are effectively excluded from single-family residential zones in Edmonds, Washington. We ask whether the Fair Housing Amendments Act of 1988 (FHAA) exempts Edmonds’ zoning ordinance from the statute’s prohibition against discrimination based on handicap. The district court held that an exemption in the FHAA for occupancy restrictions applied. It relied on a similar holding in Elliott v. Athens, 960 F.2d 975 , 979-81 (11th Cir.), cert. denied, — U.S. -, 113 S.Ct. 376 , 121 L.Ed.2d 287 (1992). We disagree with Elliott, and so must reverse and remand.

BACKGROUND

Oxford House-Edmonds (Oxford House) is a leased residence for 10-12 recovering adult alcoholics and drug addicts. 1 The residents are handicapped persons under the FHAA. 42 U.S.C. § 3602 (h). The home stands in a residential neighborhood away from commercial zones, liquor stores, and illicit drug activity to minimize the likelihood of a relapse by a resident.

It is an unincorporated association that operates under a charter issued by Oxford House, Inc., which sponsors houses around the country, including 17 in Washington State. It is…