Hill v. River Run Homeowners Ass'n, Inc.

438 F.Supp.3d 1155

Brian HILL, Anne Hill, and Intermountain Fair Housing Council, Inc., Plaintiffs,

v.RIVER RUN HOMEOWNERS ASSOCIATION, INC., Defendant.

Case No. 1:18-cv-00281-CWD

United States District Court, D. Idaho.

Signed February 7, 2020

Brian A Ertz, Eileen R Johnson, Ertz Johnson LLP, Boise, ID, Christopher Brancart, Brancart & Brancart, Loma Mar, CA, Liza Cristol-Deman, Brancart & Brancart, Pescadero, CA, for Plaintiffs.

Chynna Charlene Simmons, Simmons Townsend PLLC, Terrence Scott Jones, Quane Jones McColl, PLLC, BOISE, ID, for Defendant.

MEMORANDUM DECISION AND ORDER

Honorable Candy W. Dale, United States Magistrate Judge

INTRODUCTION

Plaintiffs Brian and Anne Hill, and the Intermountain Fair Housing Council,¹ allege that Defendant River Run Homeowner's Association, Inc., violated the Fair Housing Act's prohibition against discrimination on the basis of familial status. The Hills claim River Run's common area signs and other printed material setting forth the rules for use of the neighborhood pool, tennis courts, and clubhouse, as well as River Run's denial of the Hills' application for permission to build a fence, violated 42 U.S.C. §§ 3604(a), (b), (c), and 42 U.S.C. § 3617 of the Fair Housing Act.

Pending before the Court are the parties' motions for summary judgment, and River Run's related motions to strike the affidavit of Brian Hill submitted in support of the Hills' motion, and Brian Hill's declaration submitted in opposition to River Run's motion. The Hills' motion seeks partial summary judgment limited to the issue of liability with regard to the claims asserted under Sections 3604(b) and (c) concerning the River Run signs and printed materials. River Run's motion seeks summary judgment as to all causes of action asserted under the FHA by the Hills and IFHC.

The Court conducted oral argument on the motions on December 10, 2019. After careful consideration of the parties' arguments, the legal authorities cited, and a thorough review of the record, the Court will deny Defendant's motion for summary judgment; grant Plaintiffs' motion for partial summary judgment; and deny Defendant's two motions to strike.

STANDARD OF REVIEW

1. Summary Judgment Standard

Summary judgment is proper "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). This Court's role at summary judgment is not "to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial." Zetwick v. Cty. of Yolo , 850 F.3d 436, 441 (9th Cir. 2017) (citation omitted). When parties submit cross-motions for summary judgment, "[e]ach motion must be considered on its own merits." Fair Hous. Council of Riverside Cty., Inc. v. Riverside Two , 249 F.3d 1132, 1136 (9th Cir. 2001).

2. Applicable Fair Housing Act Provisions

42 U.S.C. § 3604(a) provides that it is unlawful "[t]o refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of...familial status...."

42 U.S.C. § 3604(b) prohibits discrimination "against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of...familial status...."

42 U.S.C. § 3604(c) provides that it is unlawful to "make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on...familial status,...or an intention to make any such preference, limitation, or discrimination."

42 U.S.C. § 3617 provides that it "shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by section 3603, 3604, 3605, or 3606 of this title."

Regulations adopted by the United States Department of Housing and Urban Development (HUD) state that it is "unlawful, because of...familial status,...to impose different terms, conditions or privileges relating to the sale or rental of a dwelling or to deny or limit services or facilities in connection with the sale or rental of a dwelling." 24 C.F.R. § 100.65(a). Prohibited actions include, but are not limited to, "[l]imiting the use of privileges, services or facilities associated with a dwelling because of...familial status,...of an owner, tenant or a person associated with him or her." 24 C.F.R. § 100.65(b)(4).

"Familial status" is defined as "one or more individuals (who have not attained the age of 18 years) being domiciled with ... a parent or another person having legal custody of such individual or individuals." 42 U.S.C. § 3602(k)(1). Familial status discrimination thus entails "discrimination against families with children." Fair Housing Congress v. Weber , 993 F.Supp. 1286, 1290 (C.D. Cal. 1997).

FACTS

In support of their motion for partial summary judgment, the Hills submitted a statement of undisputed facts which River Run did not contest with a separate statement of disputed facts. (Dkt. 42-2.)² An independent review of the record establishes the facts as set forth in Docket 42-2 in support of the Hills' motion for summary judgment, and the Court therefore finds the facts undisputed.

In support of its motion, River Run submitted a statement of undisputed facts with numbered paragraphs 1 through 59. (Dkt. 39-2.) The Hills disputed certain statements confined to paragraphs 6, 10, 11, 21, 22, 23, 24, 26, 27, 34, 36, 37, 39, 40-41, 44, 48, 50, and 58 of River Run's statement of facts. (Dkt. 46-1.) An independent review of the record establishes that the facts related to the Hills' application to construct a fence are genuinely disputed.

River Run does not dispute that the Hills' residence constitutes a "covered dwelling" as defined under the Fair Housing Act, or that the Hills meet the definition of familial status in 42 U.S.C. § 3602(k).

The facts material to the Court's determination, and which the Court finds not subject to reasonable dispute, follow.

Intermountain Fair Housing Council ("IFHC") is an Idaho nonprofit corporation operating in the state Idaho. IFHC's stated mission is to advance equal access to housing for all persons and assist with housing complaints. River Run is now, and has been, an Idaho nonprofit corporation since 1980. The officers of River Run Homeowner's Association, Inc. in late 2014 and early 2015 included Lloyd Cox, President; Dave Holm, Vice President; Norm Beckert, Treasurer; and Linda Strauss, Secretary. (Dkt. 40-6 at 2.) Tom Roush served as the Architectural Chair, and Danielle Drake was the Association Manager. Id.

The River Run subdivision (the "Subdivision") includes 333 dwellings located within various phases of the Subdivision. The Subdivision is a planned community situated along the Boise River containing multiple creeks and water areas that adjoin the river. Amended CC&Rs were recorded on April 17, 1995. (Dkt. 39-2 at ¶ 3.)

Brian and Anne Hill purchased a residence (the Property) on White Pine Lane, located within the Subdivision, in April of 2013. (Dkt. 39-2 at ¶ 6.) At the time they purchased the Property, the Hills received a copy of the CC&Rs, the 2013 River Run Handbook, and the Architectural Committee Rules and Regulations governing the Subdivision. (Dkt. 39-2 at ¶ 15.) The Hills and their three children, ages 5, 3, and 1, resided on the Property from August of 2014 through March of 2015. (Dkt. 42-2 at ¶ 7.) The Property is a single-family residence located within Phase 2, the White Pine phase, of the Subdivision. The backyard of the Hills' property abuts a small creek with a riparian area and a common area walking path which leads to the community pool.

The 2013 River Run Handbook included the following provisions related to the use of the Subdivision's Recreation Center, which includes the clubhouse, pool, and tennis courts:

RECREATION CENTER

The Recreation Center includes the clubhouse, swimming pool, spa, deck, patio area, and tennis courts. Members are residents of River Run with the exception of The Island and Heron Cove (which have their own Phase recreation facilities).

An Adult is defined as an individual nineteen (19) years of age or older.

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• The pool, pool deck and spa are closed from the weekend after Labor Day until the weekend before Memorial Day.

• Quiet swimming is required from 9 to 10 p.m.

CLUBHOUSE

During the summer season when the pool is open, the Recreation Center Manager will unlock the Clubhouse for ADULT USE ONLY. This service will be provided only during the time that the Recreation Center Manager is on the premises. The Clubhouse will remain locked at all other times, except when it has been reserved and checked out to a member.

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Reservations may be made through the Association Manager during office hours stating the nature of the function and the number of guests expected. Members will be asked to complete a Clubhouse Rental Agreement form. The maximum number of guests in the Clubhouse is twenty-five (25). The reservation does not extend to the patio area, swimming pool, spa or tennis courts. A limit of six guests (6) per household at the pool also applies to guests at private parties using the Clubhouse,

SWIMMING POOL and SPA

No member or guest under the age of 14 may use the pool or spa unless accompanied by an adult (19 or older) member or adult guardian authorized by an adult member.

Guests are limited to six (6) per household, Residents 14 through 18 years of age are limited to one guest per person notwithstanding the household limit, Guests must be accompanied by a member.

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The Recreation Manager is on duty at times as determined by the

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