Lakeside Resort Enters., LP v. Bd. of Supervisors - 455 F.3d 154 (3d Cir. 2006)

Rule:

The Fair Housing Act proscribes discrimination in the sale of a dwelling due to a handicap of those who are to reside in the dwelling after the sale. 42 U.S.C.S. § 3604(f)(1). A dwelling is defined as any building, structure, or portion thereof which is occupied as, or designed, or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. 42 U.S.C.S. § 3602(b).

Facts:

Plaintiffs had lost a sale of resort property to buyers who intended to use the property as a drug-and-alcohol-treatment facility due to the passage by the supervisory board of a zoning ordinance amendment that prohibited, among other things, drug- and alcohol-treatment centers in the Community Commercial district. Plaintiffs sued the defendants, a township and its supervisory board, in the Middle District of Pennsylvania, challenging the validity of the ordinance under the Fair Housing Amendments Act OF 1988. The district court entered a judgment as a matter of law for defendants per Fed. R. Civ. P. 50. Plaintiff appealed. 

Issue:

Did a proposed drug-and-alcohol-treatment facility qualify as a dwelling under the Fair Housing Act? 

Answer:

Yes.

Conclusion:

The appellate court reversed the decision of the district court. The court noted that the Fair Housing Act proscribed discrimination in the sale of a dwelling due to a handicap of those who are to reside in the dwelling after the sale. In this case, due to funding restrictions, residents of the facility would stay there for 14.8 days on average, but the facility was intended for longer stays, and many stayed longer. Moreover, while they were there, they treated the facility like a home, eating together, receiving mail and visitors, and decorating their rooms. The appellate court, therefore, deemed the facility a dwelling under 42 U.S.C.S. §§ 3602(b), 3604(f)(1).