Tsombanidis v. City of West Haven, Connecticut

• Decision Date: 30 January 2001
• Docket Number: No. 3:98CV1316(GLG).,3:98CV1316(GLG).
• Citation: 129 F.Supp.2d 136
• Parties: Beverly TSOMBANIDIS, Oxford House, Inc., and John Does One Through Eight (Current and Prospective Residents of 421 Platt Avenue, West Haven, Connecticut), Plaintiffs, v. CITY OF WEST HAVEN, CONNECTICUT, First Fire District of the City of West Haven, Defendants.
• Court: U.S. District Court — District of Connecticut

129 F.Supp.2d 136

Beverly TSOMBANIDIS, Oxford House, Inc., and John Does One Through Eight (Current and Prospective Residents of 421 Platt Avenue, West Haven, Connecticut), Plaintiffs, v. CITY OF WEST HAVEN, CONNECTICUT, First Fire District of the City of West Haven, Defendants.

No. 3:98CV1316(GLG).

United States District Court, D. Connecticut.

January 30, 2001.

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Jonathan B. Orleans, Sarah W. Poston, Zeldes, Needle & Cooper, Bridgeport, CT, Steven G. Polin, Washington, DC, for Beverly Tsombanidis, Oxford House, John Does.

Michael P. Farrell, Martin S. Echter, West Haven, CT for City of West Haven.

Thomas R. Gerarde, Melinda P. Frechette, Howd & Ludorf, Hartford, CT, for First Fire District of the City of West Haven.

OPINION

GOETTEL, District Judge.

This matter arises from the imbrication of two federal civil rights statutes with Connecticut's Building and Fire Safety Codes in the context of a group home for recovering drug and alcohol abusers. Despite the altruistic purposes of these State codes, plaintiffs ask this Court to enjoin their enforcement in the name of protecting the rights of handicapped and disabled persons under the Fair Housing Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. § 3601, et seq. ("FHAA"), Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131-12165 ("ADA"), and the Equal Protection Clause, pursuant to 42 U.S.C. § 1983. Plaintiffs contend that defendants have violated these statutes by enforcing the State's Building and Fire Safety Codes in a discriminatory manner and in refusing to treat their group home as a single-family residence.

Pending before the Court are the motions for summary judgment of the City of West Haven [Doc. # 63] and the First Fire District of the West Haven Fire Department [Doc. # 44]. After due consideration of the extensive briefs submitted by the parties and after hearing oral argument on the motions, the Court grants in part and denies in part defendants' motions for summary judgment for the reasons set forth below.

I. BACKGROUND

A. THE PARTIES

Plaintiff Oxford House, Inc., is a nonprofit, tax-exempt, Delaware corporation that assists in the establishment of group homes for recovering alcoholics and drug addicts. Oxford House serves as the umbrella organization for a nationwide network of over 700 group homes in the United States, of which seven are located in or around New Haven, Connecticut. Each group home is autonomous, financially self-supporting, and democratically run. Oxford House maintains that this type of group home is a necessary part of the recovery process for addicts and enables them to remain sober and return to productive lives. According to Oxford House, "[f]inding and staying in a healthy, functional environment, surrounded by people who are not abusing alcohol or drugs, away from people and situations that previously triggered substance use, with access to transportation and work opportunities, are essential elements to avoiding relapse." (Pls.' Mem. at 8.) Oxford House residents frequently attend meetings of Alcoholics Anonymous and Narcotics Anonymous. Each house subscribes to the Oxford House mandate that requires the immediate expulsion of anyone who relapses into drug or alcohol use. "In sum, the Oxford House model is a highly successful and frequently replicated rehabilitative method." Id. at 9. (Defendants do not challenge the effectiveness of the Oxford House model, and that is not an issue before this Court.)

Plaintiff Beverly Tsombanidis is the owner of a residence located at 421 Platt Avenue, West Haven, Connecticut, known as "Oxford House-Jones Hill," the group home at issue in this case. Ms. Tsombanidis leases the house to an unincorporated association known as Oxford House-Jones Hill, which is comprised of all residents in the group home, and, thus, the name for this group home.

Since August, 1997, Oxford House-Jones Hill has been occupied by an average of seven men, all of whom are recovering alcoholics and drug addicts. The residents are also plaintiffs in this action, referred to as "John Does One through Eight" and identified as "current or prospective residents of 421 Platt Avenue, [who] are all recovering alcoholics and substance abusers, and [who] are in need of housing and [who] are able to live in the community." (Pls.' Am.Compl. ¶ 5.)

Defendants are the City of West Haven, which enforces the City zoning ordinances (also known as the Land Use Regulations of the City of West Haven) and the State Building Code¹ over land and dwellings within its boundaries, and the First Fire District of the West Haven Fire Department, a political subdivision of the State, which enforces the State Fire Safety Code within West Haven.

B. FACTS

1. The Establishment of Oxford House-Jones Hill

In July 1997, Ms. Tsombanidis purchased a single-family home located at 421 Platt Avenue, West Haven, Connecticut, for the purpose of creating a home for recovering alcoholics and substance abusers. The house is located within an R-2 residential zone of single-family detached residences. Ms. Tsombanidis had heard about the Oxford House concept at an outreach program in West Haven and contacted the president of the New Haven chapter, who told her how Oxford Houses were run. He suggested that seven residents would be the ideal number for this group home. He told her that she would need to obtain two refrigerators, build two bathrooms, and install smoke detectors before the house could become operational as an Oxford House group home. Ms. Tsombanidis made numerous repairs and improvements to the house, including those suggested by Oxford House. On July 26, 1997, she signed a lease with Oxford House-Jones Hill, thus establishing 421 Platt Avenue as Oxford House-Jones Hill.

In August, 1997, the original John Does moved into 421 Platt Avenue. Collectively, the residents lease the entire house (as opposed to any particular room) and pay rent to the landlord in a single payment. There are no individual locks on the bedroom doors, thus making all rooms accessible to all residents. The residents share equally all household expenses, including rent, and all household chores, including cooking, shopping, and cleaning. The residents manage the house themselves and elect house officers, who run the weekly meetings at which household financial, logistical and interpersonal issues are discussed. Household safety, including fire safety, is also covered at these meetings. There is no house manager or paid professional staff, and the owner of the property is not involved in running the house.

The residents are allowed to remain indefinitely at the Oxford House group home, so long as they do not relapse into drug or alcohol use.

2. The Neighbors' Complaints to Ms. Tsombanidis

Shortly after the first residents moved into Oxford House-Jones Hill, neighbors began complaining to Ms. Tsombanidis about renting the house to recovering addicts. According to Ms. Tsombanidis, the neighbors' complaints occurred on an almost daily basis. The most vocal opponent was Mike Turner, who went so far as to erect a fence to separate his property from the group home and to block access to the driveway to 421 Platt Street. (Defs.' Exh. # 16.) (Ms. Tsombanidis claims the fence was placed five feet over her property line.) Mr. Turner testified that, as a parent, when he found out that Oxford House-Jones Hill was a "drug rehab house," he became concerned about drugs on his front lawn and was concerned for his children. (Turner Dep. at 23.) Ms. Tsombanidis stated that she and her daughter received threatening phone calls, which she believes were from Mr. Turner, and that she was afraid of him. (Defs.' Exh. # 16.) According to Ms. Tsombanidis, Mr. Turner did not leave her alone until he felt that the City was going to take action against her. Id.

3. The Neighbors' Complaints to the City and the City's Response

In early September, 1997, the City received an anonymous call from a neighbor complaining that 421 Platt Avenue was operating as an illegal boarding house. On September 8, 1997, West Haven's Assistant Property Maintenance Code Official, Michael McCurry,² inspected the property and posted signs on the front and back doors charging Ms. Tsombanidis with performing work without a building permit.³ Mr. McCurry testified that he spoke with Ms. Tsombanidis while at the property and she assured him that she would obtain the proper permits. (McCurry Dep at 39.) Ms. Tsombanidis states that on the following day she called West Haven Building Official Frank Gladwin,⁴ who told her that a permit was not needed for the work that was being performed.

On or about September 9, 1997, the City received a second call similar to the first. Mr. McCurry and Alfredo Evangelista, the City Zoning Enforcement Officer,⁵ inspected the property and found numerous violations of the Property Maintenance Code, including smoke detectors missing from each bedroom, no ground fault circuit interrupters (GFCI) within six feet of all water sources, exposed wiring in one bedroom, and the outside garage in a deteriorated condition. Ms. Tsombanidis was present for the inspection and explained to the City officials about the operation of the house as an Oxford House facility. According to Ms. Tsombanidis, Mr. McCurry was very angry and told her she had 24 hours to get the residents out of the house. He stated that he would not want addicts in his neighborhood. (Tsombanidis' Dep. at 57, 58.) Mr. McCurry denies making these statements. (McCurry Dep. at 41.) Ms. Tsombanidis responded that she could not get the residents out in 24 hours and that she was not aware that an Oxford House facility had to have a zoning permit. (Tsombanidis Dep. at 57, 58.) Zoning Enforcement Officer Evangelista told her that he would notify her by mail concerning the zoning permit she would need to operate the house. Ms. Tsombanidis...