Plaintiff, Harmony Haus and a resident, sued Defendant, Parkstone Property Owners Association (“Association”) under the Fair Housing Act (“FHA”) seeking an injunction and attorney fees for violation of the Civil Rights Act. Association counter sued alleging breaches of deed restrictions. Plaintiff is a sober living residence for individuals recovering from alcoholism and drug addiction. Plaintiff residents come directly from an inpatient treatment center. Association argued Plaintiff was violating its “single family residential use,” its noise and nuisance provisions and its unsightly vehicle provision. The board of the Association can enforce any violation with a fine. Plaintiff’s seek exceptions to the Declaration under the FHA by requesting reasonable accommodation, with the specific accommodation to allow 12 residents and 8 cars to be parked on the street. The Association contends the 8 cars is unsafe and that 12 residents would create an imposition on community resources. Plaintiff claims the need for 12 residents to reach “critical mass” for its phasing recovery system, so more established residents can mentor newer ones.
Continue Reading Can a Group Home be Built in a Single Family Association under the FHA – YES