City of Edmonds v. Oxford House, Inc., 514 U.S. 725, 24 (1995)

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748

CITY OF EDMONDS v. OXFORD HOUSE, INC.

Thomas, J., dissenting

In sum, it does not matter that ECDC § 21.30.010 describes "[f]amily living, not living space per occupant," ante, at 737, because it is immaterial under § 3607(b)(1) whether § 21.30.010 constitutes a "family composition rule" but not a "maximum occupancy restriction." The sole relevant question is whether petitioner's zoning code imposes "any . . . restrictions regarding the maximum number of occupants permitted to occupy a dwelling." Because I believe it does, I respectfully dissent.

struct [multifamily] dwellings" such that they are accessible and usable, §§ 3604(f)(3)(A), (B), (C). Yet only one of these four kinds of discrimination—the "reasonable accommodations" prescription of § 3604(f)(3)(B)—is even arguably implicated by zoning rules like ECDC § 21.30.010. In addition, because the exemption refers to "local, State, or Federal restrictions," even the broadest reading of § 3607(b)(1) could not possibly insulate private refusals to make reasonable accommodations for handicapped persons. Finally, as I have already noted, see supra, at 741, n. 3, restrictions must be "reasonable" in order to be exempted by § 3607(b)(1).

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