Southwest Key Programs, Inc. v. City of Escondido (S.D. Cal.)

On March 23, 2017, the court issued an order denying the Defendant’s motion for summary judgment in Southwest Key Programs, Inc. v. City of Escondido (S.D. Cal.), finding that there were triable issues as to whether the group home at issue constitutes a dwelling under the Fair Housing Act. The United States had filed a statement of interest in this case on November 3, 2016, to address the question whether the protections of the Fair Housing Act extend to group homes for unaccompanied children in the care and custody of the United States Department of Health and Human Services. The plaintiff in the case sought to operate such a home in the City of Escondido and alleges that the city discriminated on the basis of race and national origin when it denied the request for a conditional use permit to operate the group home. The defendant moved for summary judgment, arguing, among other things, that the FHA does not apply. The United States’ statement of interest urged the court to find that the proposed group home is a “dwelling” covered by the Fair Housing Act and is neither a jail nor a detention facility.