Tsombanidis v. West Haven Fire Department
United States Court of Appeals for the Second Circuit
352 F.3d 565 (2003)
- Written by Robert Cane, JD
Facts
Beverly Tsombanidis (plaintiff) purchased a house in West Haven, Connecticut, to operate a sober house (Oxford House) for recovering alcoholics and drug addicts. Tsombanidis leased the house to at least six unrelated individuals recovering from addiction. Neighbors, and at least one city official, were concerned about the presence of the Oxford House and expressed hostility toward the Oxford House. At least one person complained to the city that Tsombanidis was operating an illegal boarding house. The city told Tsombanidis that the Oxford House violated the zoning ordinance, and the fire inspector told her that the house was in violation of the fire code. However, the city rarely took enforcement action against boarding houses in residential areas. Tsombanidis sued the city and the West Haven Fire Department (defendants) and alleged that they were violating the Fair Housing Amendments Act and the Americans with Disabilities Act by intentionally discriminating against the Oxford House residents, implementing policies that disparately impacted the residents, and failing to make reasonable accommodations. The district court held that the intentional-discrimination claim against the city, but not against the fire department, could proceed to trial; that the disparate-impact claims could proceed to trial; but that the reasonable-accommodation claims were not ripe. Tsombanidis then applied to the city for a special-use exception to operate as a single-family dwelling, which was denied. The deputy fire marshal later indicated that the Oxford House would be treated as a single-family dwelling under the fire code, so previous notices of violations could be disregarded going forward. Regarding the claims against the city, the district court held that the city had intentionally discriminated against the Oxford House, that the zoning ordinance disparately impacted the residents of the Oxford House, and that the city failed to reasonably accommodate the residents. The city appealed the intentional-discrimination and reasonable-accommodation claims.
Rule of Law
Issue
Holding and Reasoning (Wesley, J.)
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