City of Edmonds v. Oxford House, Inc., et al. (514 U.S. 725)

U.S. Supreme Court · decided May 15, 1995 · Supreme Court Database (Spaeth)

Citation
514 U.S. 725 · 115 S. Ct. 1776
Decided
May 15, 1995
Term
October Term 1994
Vote
6–3
Majority author
Justice Ginsburg
Issue area
Civil Rights
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Liberal

Opinion excerpt

Justice Ginsburg delivered the opinion of the Court. The Fair Housing Act (FHA or Act) prohibits discrimination in housing against, inter alijos, persons with handicaps. Section 807(b)(1) of the Act entirely exempts from the FHA’s compass “any reasonable local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.” 42 U. S. C. § 3607(b)(1). This case presents the question whether a provision in petitioner City of Edmonds’ zoning code qualifies for §3607(b)(l)’s complete exemption from FHA scrutiny. The provision, governing areas zoned for single-family dwelling units, defines “family” as “persons [without regard to number] related by genetics, adoption, or marriage, or a group of five or fewer [unrelated] persons.” Edmonds Community Development Code (ECDC) §21.30.010 (1991). The defining provision at issue describes who may compose a family unit; it does not prescribe “the maximum number of occupants” a dwelling unit may house. We hold that § 3607(b)(1) does not exempt prescriptions of the family-defining kind, i. e., provisions designed to foster the family character of a neighborhood. Instead, § 3607(b)(l)’s absolute exemption removes from the FHA’s scope only total occupancy limits, i. e., numerical ceilings that serve to prevent overcrowding in living quarters. I In the summer of 1990, respondent Oxford House opened a…

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