made available; or (C) any person associated with that person. (3) For purposes of this subsection, discrimination includes— . . . (B) a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling . . . 42 U.S.C. § 3604(f)(1)-(3). The District argues that FHA claims should be dismissed because: (1) shelters Plaintiffs’ are not under the FHA; and (2) shelter residents are not protected by the FHA “dwellings” because they are not or of dwellings. Mot. Dismiss 11-16. As “buyers” “renters” Def.’s explained below, these arguments are without merit. Shelters are Under the Fair Housing Act “Dwellings” The FHA defines the to building, structure, or portion term “dwelling” include, “any thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more 42 U.S.C. § 3602(b). This definition is broadly construed to effectuate the families.” purposes of the FHA. 544 F.3d 1201, 1216 (11th Cir. 2008) Schwarz v. City of Treasure Island, Court has repeatedly instructed us to give the Fair Housing Act a broad and (“[T]he Supreme inclusive interpretation . . . (internal quotation marks omitted). .”) The Department of Housing and which shares Urban Development (“HUD”), enforcement authority for the FHA with the Department of Justice, has issued an implementing regulation that expressly states that the includes accommodations in homeless term “dwelling” shelters, defining the term to include, and sleeping “dwelling unit” “dormitory rooms accommodations in shelters intended for occupancy as a residence for homeless persons.” 24 C.F.R. § 100.201 (emphasis added). regulation is its reasonable interpretation of the Act HUD’s and is therefore entitled to deference. 537 U.S. 280, 287-88 (2003) See Meyer v. Holley, (explaining that because HUD was, federal agency primarily charged with the “the
made available; or (C) any person associated with that person. (3) For purposes of this subsection, discrimination includes— . . . (B) a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling . . . 42 U.S.C. § 3604(f)(1)-(3). The District argues that Plaintiffs’ FHA claims should be dismissed because: (1) shelters are not “dwellings” under the FHA; and (2) shelter residents are not protected by the FHA because they are not “buyers” or “renters” of dwellings. Def.’s Mot. Dismiss 11-16. As explained below, these arguments are without merit. Shelters are “Dwellings” Under the Fair Housing Act The FHA defines the term “dwelling” to include, “any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families.” 42 U.S.C. § 3602(b). This definition is broadly construed to effectuate the purposes of the FHA. Schwarz v. City of Treasure Island, 544 F.3d 1201, 1216 (11th Cir. 2008) (“[T]he Supreme Court has repeatedly instructed us to give the Fair Housing Act a broad and inclusive interpretation . . . .”) (internal quotation marks omitted). The Department of Housing and Urban Development (“HUD”), which shares enforcement authority for the FHA with the Department of Justice, has issued an implementing regulation that expressly states that the term “dwelling” includes accommodations in homeless shelters, defining the term “dwelling unit” to include, “dormitory rooms and sleeping accommodations in shelters intended for occupancy as a residence for homeless persons.” 24 C.F.R. § 100.201 (emphasis added). HUD’s regulation is its reasonable interpretation of the Act and is therefore entitled to deference. See Meyer v. Holley, 537 U.S. 280, 287-88 (2003) (explaining that because HUD was, “the federal agency primarily charged with the
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