Justice Department Sues Garner, North Carolina, for Disability Discrimination

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Tue May 19, 2009 2:32pm EDT

WASHINGTON, May 19 /PRNewswire-USNewswire/ -- The Justice Department today
announced that it has filed suit against the town of Garner, N.C., and the
town's board of adjustment alleging that they violated the Fair Housing Act
when they refused to allow up to eight men recovering from drug and alcohol
addictions to live together as a reasonable accommodation for their
disabilities.

The suit, filed in U.S. District Court in Raleigh, also alleges that the
defendants have engaged in a denial of rights to a group of persons or a
pattern or practice of discrimination by failing or refusing to recognize
their obligation to make reasonable accommodations.  The home is chartered by
Oxford House Inc., a non-profit organization that assists in the development
of self-governing houses in which persons in recovery support one another's
determination to remain sober.  Garner permits up to six persons to live in
the home, but has refused to consider requests by Oxford House Inc. to
increase the number to eight.

"The Fair Housing Act requires jurisdictions to make reasonable accommodations
in their rules when necessary to provide persons with disabilities an equal
opportunity to housing. We will continue to enforce the Act vigorously," said
Loretta King, Acting Assistant Attorney General for the Civil Rights Division.

"Enforcement of Fair Housing laws prohibiting discrimination against people
with disabilities is a priority of the U.S. Attorney in Eastern North
Carolina.  These federal laws provide a vital tool in enabling disabled
persons to have access to decent and affordable housing in our communities,"
said George E. B. Holding, U.S. Attorney for the Eastern District of North
Carolina.

This lawsuit arose as a result of a complaint filed with the U.S. Department
of Housing and Urban Development (HUD) by Oxford House.  HUD conducted an
investigation and referred the matter to the Justice Department.

The suit seeks monetary damages for the victims, a civil penalty and a court
order requiring Garner to grant the requested accommodation and establish a
procedure for considering future accommodation requests.  The complaint is an
allegation of unlawful conduct.  The allegations must still be proven in
federal court.

Fighting illegal housing discrimination is a top priority of the Justice
Department.  The Federal Fair Housing Act prohibits discrimination in housing
on the basis of race, color, religion, sex, familial status, national origin
and disability.  More information about the Civil Rights Division and the laws
it enforces is available at www.usdoj.gov/crt.  Additional information about
the Fair Housing Act is also available at www.HUD.gov.


SOURCE  U.S. Department of Justice

U.S. Department of Justice Office of Public Affairs, +1-202-514-2007, TDD,
+1-202-514-1888
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