# Amicus Curiae Brief — City of Edmonds v. Oxford House, Inc. > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385013_0599%3A19 ## Record - **Collection:** Supreme Court brief - **Document type:** Amicus Curiae Brief - **Published:** January 1, 1995 - **Citation:** 514 U.S. 725 ## Text __ Waseincron STATE BurLpiInc Cope CounciL ‘and UNITED STATES OF AMERICA, TABLE OF CONTENTS SERED GF ECE TED cectecnererenecerenersencsscesemerrnemees STATEMENT OF INTEREST OF AMICUS CURIAE.. STATEMENT OF THE CASE ....00...22.......:..:cecsceecseceesees SUMMARY OF THE ARGUMENT .......0000 eee SII, sterttrerencercctcesstnnsnteiccenpecimianantutmmencentetmnnqeccmess I. Il, ITT. CONCLUSION ............ ITT cciscienststanseetipetanenenessiemeneinaninnmnences THE REMEDIAL PURPOSES OF THE FHAA AND SOUND PUBLIC POLICY REQUIRE A BROAD INTERPRETATION OF THE PRO- TECTIONS PROVIDED AND A NARROW CONSTRUCTION OF THE MAXIMUM OC- CUPANCY LIMITATION EXEMPTION ......... A. Board And Care Homes Provide Much- Needed Residential Services To Older Per- sons With A Range Of Disabilities ................ B. Board And Care Homes Are A Vital Com- ponent Of The Continuum Of Care Necessary To Meet The Needs Of Older Persons With EE ST SEALE TOG THE DEMAND FOR BOARD AND CARE TYPE SETTINGS WILL CONTINUE TO IN- CREASE BECAUSE THEY ARE MORE ECO- NOMICAL THAN NURSING HOMES AND THE NUMBER OF OLDER PERSONS WHO CANNOT FUNCTION INDEPENDENTLY IS GROWING DRAMATICALLY ...........00......0....-.-- Page 10 ii TABLE OF AUTHORITIES Cases Page Casa Marie, Inc. v. Superior Court of P.R., 752 F. Supp. 1152 (D.P.R. 1990), vacated, 988 F.2d BEB (EGG Car, BED cnccctmscunthislccinesiontiaean 2 City of Edmonds v. Washington State Bldg. Coun- cil, 18 F.8d 802 (9th Cir. 1994) ...000002 2. 5, 6,7 Elliott v. City of Athens, 960 F.2d 975 (11th Cir. REFIIED . -conceseccesecssesteteniaisiasadeiademismamasan 6, 7,8 Massaro v. Mainlands Section 1 & 2 Civic Ass’n, 3 Pe P's, Rol: Le | em 7 Potomac Group Home Corp. v. Montgomery County, Md., 823 F. Supp. 1285 (D. Md. 1998).. 2,11 Trafficante v. Metropolitan Life Ins. Co., 409 U.S. BOG CED TIRD corccocenscsccnditccciecssteinenaamaaieananennas 7 United States v. City of Taylor, 798 F. Supp. 442 (E.D. Mich. 1992), rev’d sub nom., Smith & Lee Assocs., Inc. v. City of Taylor, Mich., 18 F.3d os RE wd 2 United States v. Columbus Country Club, 915 F.2d 877 (3d Cir. 1990), cert. denied, 501 U.S. 1205 Statutes CRBDE) ccrcaceccscstneosesnasedesemmmecmanitmuianaasanaananennn 7 Wolford by Mackey v. Lewis, 860 F. Supp. 1123 (B.D. We Vas BEDE) cuscicssameienee 3 Edmonds Community Development Code pt SL ff nena A 5 Edmonds Community Development | Code fF kN | RS op EE MT nF 5 Edmonds Community Development Code § 21.30.010 ecmesiemaiigitiasssladeadiata 5 42 U.S.C. § 1882 (a) (3B) (10BB) nnn ceceecenee 14 42 U.S.C. § 1882c(a) (3) (A) (1988) 00. 14 42 U.S.C. § 3602(h) (1988) 2 5 42 U.S.C. § 3604(f) (1) (1988) 2000. 5 42 U.S.C. § 3604 (f) (8) (B) (1988) 2.0... 5 42 U.S.C. § 3607(b) (1) (1988) : a 5 42 U.S.C. § 12102 (Supp. V 1993) 5 iii TABLE OF AUTHORITIES—Continued Other Authorities Page Alzheimer’s Disease and Related Disorders Asso- ciation Inc., Alzheimer’s Disease Statistics LT Ce 12 Chairman, Subcomm. on Health and Long-Term Care, House Select Comm. on Aging, 101st Cong., 1st Sess. Board and Care Homes in America: A National Tragedy (Comm. Print EEE 9,10, 13, 14 Alexander Chen, The Cost of Operation in Board and Care Homes, in Preserving Independence, Supporting Needs: The Role of Board and Care Homes 61 (Marilyn Moon et al. eds., 1987)... 9 Coopers & Lybrand, An Overview of the Assisted Living Industry (1998) .................--. > 13.8 0 ADL Limitation & 446 & No ADL Limitation 412 Baseline Mortality H 40 + 90 9.9 Projections 30 @ No ADL Limitation 44 Optimistic Mortality Projections P| 0 + + 1990 * 2010 ** 2030 “* Year * Aging America: Trends & Projections at 144-45 "* Zediewski, supra,at |!-7, \|-34, Table 2.10 The Urban Institute study projects that there will be between 8.7 (baseline) and 12 million (optimistic mortality) frail elderly (85 years and older) in 2030, compared with 2.5 million in 1984. Thus, in 2030 the population of frail elderly persons is expected to be 4.8 times the size of the same population in 1984, thereby greatly increasing the demand for community support services. /d. at ii-iii. The number of elderly persons at risk for long-term care services in 2010 is projected at between 9.1 (baseline) and 10.1 million persons (optimistic mortality), and likely will grow to between 13.8 (baseline) and 16.7 million persons (optimistic mor- tality) by 2030. Jd. at vi. 17 The recent Urban Institute study starkly describes the rapidly changing face of the aging American population. By analyzing projected mortality rates, the anticipated prevalence of disability and consequent changes in living arrangements, and changes in income, the Institute report concluded that “the increase in demand for supportive services is likely to be greater than many realize because future increases in the number of frail elderly, elderly with health limitations, and elderly living alone will all exceed the general increase in the elderly population” and these factors will “be the major determinants of the future needs of the elderly.” Jd. at Abstract. But growth in numbers is only one part of the picture. Social changes exacerbate the problem. “[A] much larger proportion of the elderly is likely to be living alone, and a larger proportion is likely to have some level of health dependency.” Jd. at II-42. Thus, when the health of older persons living alone deteriorates, there will be no family members to care for them. Even with additional in-home supportive services, there is likely to be a surge in the need for long-term care facilities of one kind or another. Jd.” The statistics are staggering: Under the baseline projection assumptions, the num- ber who will require some long-term care services rises to 9.2 million in 2010 and to 14.1 million in 2030. Thus, more than one in five elderly persons will require some services in 2010 and 2030 (the total number of elderly will be 41.2 million 2010, and 64.4 in 2030 . . .). Moreover, the number of elderly in institutions will rise to 3.0 million in 2010 and 4.3 million in 2030—an increase of 139 percent 15“Using the criteria that an elderly person living in the com- munity with 2 or more limitations in incidental activities of daily living (IADLs) or 1 or more limitations in activities of daily living (ADLs) needs some formal, in-home services, these projec- tions show that the demand for these services will rise dramati- cally—from 5.9 million elderly persons in 1990, to as many as 8.8 million elderly in 2010, and 14.7 million elderly in 2030.” Id. at ix. 18 over the 1990 projection. . . . [T]he number of elderly persons doubles during the same period. Thus, the need for long-term care services will increase faster than the size of the elderly population between 1990 and 2030, if the baseline mortality and health assumptions are correct. Id. at 1V-9. If the mortality rates do improve at historical levels and disability rates do not decrease, “16.7 million elderly will need long-term care services in 2030.” Id. By either measure, there will be a population bulge of unprecedented dimensions. Some of these persons will need total care but numerous others will need less inten- sive assistance, the type of assistance provided in com- munity-based group living arrangements. CONCLUSION The growth of the board and care industry demon- strates that, if given the opportunity, the housing market will respond to the projected growth of older persons with disabilities with a range of housing opportunities. The need exists now, and surely will increase. Free choice in housing will have little meaning to older persons with disabilities if restrictive zoning ordinances are used to prevent providers from opening new homes. The FHAA was designed to ensure the inclusion of all persons with disabilities into full community life by affording them equal housing choices and should be construed in light of that broad remedial goal. For the foregoing reasons, the decision of the Ninth Circuit should be affirmed. Dated: January 23, 1995 19 Respectfully submitted, STEVEN S. ZALEZNICK MICHAEL SCHUSTER BRUCE B. VIGNERY * DororTuy M. SIEMON DEBORAH M. ZUCKERMAN AMERICAN ASSOCIATION OF RETIRED PERSONS 601 E Street, N.W. Washington, D.C. 20049 (202) 484-2120 * Counsel of Record --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385013_0599%3A19. Public record. Not legal advice.