07.30.2024

Relman Colfax filed a complaint in federal court on behalf of Oxford House, Inc. (OHI) and Oxford House-Four Corners (OHFC) against the City of Farmington, New Mexico, alleging the City violated the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) by seeking to close a recovery home.

In March 2024, OHI opened OHFC on March 1, 2024. Like all Oxford Houses, OHFC is a single-family house that is rented by a group of individuals who live together as a family. Before then, there were no available sober living homes near Farmington. Within weeks, the City initiated two enforcement actions aimed at shutting down the home because it is occupied by individuals with disabilities. The complaint alleges that the City sought to force OHFC to obtain a special use permit claiming—contrary to the evidence—that it is a group care facility or group care home. The City filed a civil action against OHI and later issued a criminal summons against an OHI employee despite OHI’s clarification that OHFC is not a group care facility or group care home under local zoning laws.

The complaint alleges that the City’s refusal to accommodate OHFC’s reasonable requests to be treated as any other family unit living in a single-family home and its subsequent enforcement actions constitute intentional discrimination under the FHA and ADA. All residents are individuals with Substance Use Disorder (SUD), a recognized disability requiring structured support to prevent relapse.

Filed on the 34th anniversary of the ADA’s enactment, the lawsuit seeks a declaratory judgment, preliminary and permanent injunctive relief, and compensatory and punitive damages resulting from City’s discriminatory actions. The outcome of this case may have significant implications for the protection of housing rights for people with disabilities and those living with SUD nationwide.

The Relman Colfax litigation team includes Reed Colfax and Ted Olds, with paralegal assistance from Jazmin Trenco.

A copy of the complaint is here .

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