HUNTINGTON — The City of Huntington is suing the operator of more than a dozen sober living homes in the city, claiming the operator failed to allow the city to inspect the homes.
The city claims on numerous occasions it contacted the Lifehouse, which operates 14 sober living homes within the city, to inspect the properties per state code requirements, but the defendant rebuffed those efforts, according to a complaint filed Sep. 21 in U.S. District Court for the Southern District of West Virginia.
"Instead, Lifehouse has offered 'tours' of pre-designated properties chosen by Lifehouse," the complaint states. "Apart from the duty to inspect pursuant to the certification process and the rental registry periodic inspection program requirements, the City has received occasional complaints concerning the habitability of some Lifehouse houses."
In April, Lifehouse submitted a general request for reasonable accommodation, purportedly pursuant to the Americans with Disabilities Act and the Fair Housing Act provisions relating to reasonable accommodations for disabled persons and in the request, Lifehouse essentially sought for the city to determine that no provision of the zoning ordinance, building or fire codes applicable to life, health and safety would apply to the 14 houses in the city.
The city claims Lifehouse did not provide analysis for the application and the request was devoid of any factual information. The city claims it followed up by seeking factual responses, but Lifehouse refused to provide responses.
Huntington argues that Lifehouse is seeking to evade important zoning, building and fire requirements of the zoning ordinance and building codes by seeking a blanket exemption from any law applying to zoning, building or fire codes.
"The accommodation request of Lifehouse to fully exempt all Lifehouse locations from the operation of all zoning, building and safety laws is not reasonable under the reasonable accommodation analysis set forth in both the ADA and the FHA," the complaint states.
The city is seeking for a declaratory judgment that neither the ADA or the FHA exempt Lifehouse from inspection requirements and that the accommodation request to be fully exempt is not reasonable. It is represented by City Attorney Scott A. Damron.
U.S. District Court for the Southern District of West Virginia case number: 3:22-cv-00402