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Montana Fair Housing, Inc. v. City of Bozeman

Citations: 854 F. Supp. 2d 832; 2012 U.S. Dist. LEXIS 25729; 2012 WL 642305Docket: No. CV 09-90-BU-DLC

Court: District Court, D. Montana; February 27, 2012; Federal District Court

Narrative Opinion Summary

In this case, the plaintiff, a fair housing advocacy group, filed a lawsuit against the City of Bozeman, alleging that the city's zoning ordinance discriminated against individuals based on disability, age, and marital status, violating federal and state fair housing laws. The case primarily focused on the restrictions placed on assisted living facilities within the city's residential zoning districts, which the plaintiff claimed were discriminatory under the Fair Housing Act, Americans with Disabilities Act, and Rehabilitation Act. The plaintiff sought partial summary judgment on several counts, arguing that the ordinance's provisions were facially discriminatory. The court found that the ordinance was indeed facially discriminatory against individuals with disabilities and the elderly, granting partial summary judgment on this aspect of the claim. However, other claims, such as those related to unlawful steering and the household definition section, did not meet the summary judgment standard due to insufficient evidence. The court's decision highlighted the application of federal anti-discrimination statutes to local zoning laws and affirmed the plaintiff's claims under the Montana Human Rights Act for certain discriminatory practices. A telephonic scheduling conference was set to proceed with the case on unresolved issues.

Legal Issues Addressed

Application of Federal Anti-Discrimination Laws to Zoning

Application: The Court applied the Fair Housing Act, Americans with Disabilities Act, and Rehabilitation Act to assess whether the zoning ordinance discriminates against individuals with disabilities.

Reasoning: The federal acts impose similar prohibitions against housing discrimination, and the Ninth Circuit has established that these acts apply to city zoning ordinances.

Facial Discrimination in Zoning Ordinances

Application: The Court found Bozeman's zoning ordinance facially discriminatory, as it explicitly restricts assisted living facilities in certain residential districts, unlike other residential uses.

Reasoning: The Court finds Bozeman's argument unconvincing, affirming that the Authorized Uses Section is facially discriminatory against individuals requiring assisted living care.

Fair Housing Act Discrimination

Application: The case involves allegations that the City of Bozeman's zoning ordinance discriminates against individuals with disabilities, violating the Fair Housing Act by restricting assisted living facilities in certain districts.

Reasoning: Fair Housing argues that the Ordinance's Authorized Uses and Household Definition Sections violate federal anti-discrimination statutes, including the Fair Housing Act, Americans with Disabilities Act, and Rehabilitation Act, as they are discriminatory against handicapped individuals.

Montana Human Rights Act and Housing Discrimination

Application: The Court concluded that Bozeman's zoning ordinance violates the Montana Human Rights Act by discriminating based on disability and age.

Reasoning: The Court concludes that the Authorized Uses Section is discriminatory under the Montana Human Rights Act, allowing Fair Housing to succeed on this claim.

Summary Judgment Standards

Application: Fair Housing's motion for summary judgment was granted in part concerning facially discriminatory aspects of the ordinance, but denied on claims lacking sufficient evidence.

Reasoning: Consequently, Fair Housing’s motion for summary judgment is granted in part and denied in part.