Group Home Owner Can Pursue Discrimination Claims in Dispute Over Residential Zoning Ordinances

摘要

The U.S. District Court for the District of Minnesota refused to grant the motion for summary judgment of a city opposing fair housing claims brought by the owner of a group home that violated residential zoning ordinances. (Essling Homes Plus, Inc. v. City of Saint Paul, No. CIV. 04-1115 (MJD/JGL), 2004 WL 3190050 (D.Minn.), November 12, 2004) Judith Essling owned two three-story, single-family residences in a zoning district that allows buildings to have only one dwelling unit. Essling equipped the lowest level of her residence on Bonnie Lane with a second kitchen, and the Minnesota Department of Human Services (DHS) issued her an adult foster-care license. The city cited Essling for operating an adult foster-care home in a single-family zoning district, and DHS cited her for operating a home with twice the number of permitted residents. Three weeks before DHS sent Essling its violation letter, the city ordered Essling to remove one of the kitchens in her home and return it to a single-family residence. Similarly, the city denied Essling's building permit to add a second kitchen in another single-family residence on Snowshoe Lane that also housed senior adults. Essling Homes Plus, Inc. ran both adult foster-care homes.