Garcia v. Washington County Department of Housing Services

2006 WL 897984 (2006)

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Garcia v. Washington County Department of Housing Services

United States District Court for the District of Oregon
2006 WL 897984 (2006)

DD

Facts

The Section 8 program was a federal program that provided financial assistance to low-income individuals so that they could rent housing from private landlords. Individuals who were approved for assistance received Section 8 vouchers from local housing agencies. Robert Garcia (plaintiff), a man with schizoaffective disorder, had a Section 8 voucher. Garcia needed care, which was provided by his brother. Garcia and his brother lived in a house owned by his brother. Garcia’s Section 8 voucher was used to pay his brother. Without Garcia’s Section 8 voucher, his brother could not afford to let Garcia live in his home, such that Garcia would not receive care. But an administrative rule prohibited Garcia from using his Section 8 voucher to pay his brother. Thus, the Washington County Department of Housing Services (department) (defendant) terminated Garcia’s Section 8 voucher. Garcia submitted a request for an accommodation, requesting that the department allow him to use his Section 8 voucher to pay his brother. The request was denied. Subsequently, Garcia brought suit, contending that the department violated the Fair Housing Act (FHA). The department filed a motion to dismiss. The district court took the motion under advisement.

Rule of Law

Issue

Holding and Reasoning (Mosman, J.)

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