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Court Orders State Fire Marshal to pay $362,000 in Housing Discrimination Case

Posted on 09. Apr, 2018 by

New Orleans—Last week, a U.S. District Court Judge ordered the Louisiana State Fire Marshal to pay $362,000 to plaintiffs for their court costs and attorneys fees after his office was found to be discriminating against residents of a Lake Charles Oxford House. The Greater New Orleans Fair Housing Action Center (GNOFHAC) represented Oxford House, Inc.—a nationwide network of housing for recovering alcoholics and substance users—the owners of the home in Lake Charles, and a former resident as plaintiffs in the case.

The judge found that the State Fire Marshal’s refusal to allow seven women recovering from alcohol and substance abuse to live in a single-family home “as a family” constituted illegal housing discrimination. The Fire Marshal had instead sought to treat the home as a commercial rooming and boarding facility and require residents to install expensive upgrades or lose their home. If the Fire Marshal had prevailed, 105 other Oxford Houses in Louisiana would potentially have had to close their doors, causing 700 persons in the process of recovery to become homeless.

In July, a U.S. District Court Judge ruled in favor of the plaintiffs and against the Fire Marshal, finding that the Fire Marshal was obligated under federal antidiscrimination laws to accommodate the Oxford House residents. Federal law requires that reasonable accommodations be made for people with disabilities when necessary to ensure equal housing opportunity. Under the Fair Housing Act, residents of Oxford Houses are considered to be people with disabilities.

Lori Holtzclaw, regional manager for Oxford Houses in Louisiana and Mississippi said, “As both a manager and a previous Oxford House resident, I know that the support of living together like a family is key to recovery—it’s no surprise the model has shown an 86% success rate in residents remaining sober.” She continued, “There is no reasonable fire safety justification for preventing adults from living together in a single-family home.”

As a result of the suit, the Office of the State Fire Marshal will put in place a process for reviewing accommodation requests, and—for the purposes of fire safety—treat Oxford Houses like any other single-family home.   

Cashauna Hill, GNOFHAC Executive Director, comments, “Especially in the midst of our state’s opioid epidemic, Oxford Houses are a much-needed resource in our communities. We’re grateful for the residents who moved forward with this case and helped safeguard protections for people with disabilities throughout Louisiana.”

GNOFHAC settled a similar case with the City of Baton Rouge in 2014 after a U.S. District Court ruled that the City should allow Oxford Houses to operate in areas zoned for single-family dwellings.

Plaintiffs were represented by GNOFHAC attorneys Elizabeth Owen and Peter Theis, John N. Adcock, of the Law Office of John N. Adcock, and by Steven G. Polin of the Law Office of Steven G. Polin.

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